Publishing Date: 16 Oct, 2024
Company compliances play an essential role for ensuring that a Private limited company remains compliant. These compliances help a company to stand in good position with regulatory authorities. Filing to the registrar of companies and other government agencies, legal accountability, demonstrating transparency and operational efficiency and so on are involved by these obligations. Timely submission of various reports before due dates is necessary to avoid penalties or fines.
As per Companies Act, 2013, all the companies incorporated in India should remain compliant. Company compliances are a set of legal requirements and these requirements must be followed after the Company Registration. Ensuring compliance is paramount for smooth functioning. It mainly includes setting up bank accounts, obtaining licences and permits, holding the first board meetings, designating auditors, and submitting legal documents to the appropriate authorities. These compliance are generally to be done within 30 days or 60 days or before business commencement after incorporation date.
After the incorporation of a company, there are certain compliances that should be completed before their due dates. Following is the list of compliances along with their due date:
|
S. No. |
Other Requirements |
In Detail |
Due Date |
|
1. |
First board meeting |
Section 173 (1) states that holding the first board meeting has significance because it marks the beginning of a new business |
Within 30 days of incorporation |
|
2. |
First Auditor Appointment |
It ensures that a qualified professional will examine the financial statements and provide an audit report. |
Within 30 days of incorporation |
3. |
File INC-22 |
Form INC-22 is filed for the updation of the registrar office address of the company. In INC-22 we attach proof of register office address-rent agreements and electricity bill and NOC. |
Within 30 days of incorporation |
|
4. |
Opening a Bank Account |
Opening a bank account is mandatory for the company to do business transactions. |
Within 30 days of incorporation |
|
5. |
Interest Disclosure |
According to section 184(1) of companies Act, every director shall disclose his interest in any company, firm, association of individual at the first board meeting. |
Within 30 days of incorporation |
|
6. |
Share Certificate |
An official document that has been legally signed on behalf of an organisation and serves as proof of ownership of the designated number of shares is called a share certificate. |
Within 60 days of incorporation |
|
7. |
Subscribed Capital |
Subscribed Capital are those shares that shareholders have committed to purchase. |
Within 60 days of incorporation |
|
8. |
File INC-20 A |
This document certifies that the company has obtained the required subscribed capital and has started operations. It serves as an official declaration that the business has started. |
Within 180 days of incorporation |
|
9. |
AOC-4 or Financial Statement |
The report laid out the company's income, debts, property, owner's stake, and costs. |
29th October of the relevant Assessment Year |
|
10. |
Income Tax Return |
ITR is a document that includes the income and taxes of the company during the financial year. This form is hand-over by people or businesses to the government. |
Without Audit - 31st july & With Audit - 31st October. |
|
11. |
AGM |
The main aim of this meeting is to present the financial statement of the company to the shareholder. |
Before 30 September |
|
12. |
Auditor Appointment |
After the appointment of first auditor, the company needs to select an auditor at each Annual General Meeting |
Within 30 days of the incorporation |
|
13. |
MGT-7 |
The forms that companies need to submit to ROC include the annual return financial statement, auditor appointment, director's report, and register of members, among others. |
Within the 60 days from the date of AGM |
|
14. |
DIR-3 KYC |
All directors are required to file DIR-3 KYC form with the MCA. Directors name, address, PAN, Aadhar Number, mobile number, etc are the details included in this form. |
On or before 30th September |
|
15. |
GST Registration |
GST Registration helps in smooth input tax credit, and builds supplier and consumer reputation. |
No Mandatory Date |
|
16. |
MSME Registration |
It improves market visibility, competitiveness, and growth opportunities. |
31st October for 1st half & 30th April for 2nd half |
|
17. |
Industry Specific Licence |
It is required by some companies who engage in regulated industries including manufacturing, food processing e.g. FSSAI, IEC etc |
No Mandatory Date |
|
18. |
IPR/Trademark Registration |
It fortifies brand reputation and market positioning, improves market exclusivity, and guard against infringement. |
No Mandatory Date |
|
19. |
Professional Tax Annual Return |
It is a state level tax on income received by people. It is paid by professionals through PT registration. |
Before 30th june of the same year |
|
20. |
Advance Taxes |
It is the income tax that is required to pay in advance instead of lump sum payment at the end of the financial year. Salaried individuals, freelancers and businesses have to pay this tax if their total tax liability is ₹10,000 or more in FY. |
Advance Tax is paid in 4 instalments: 15th june, 15th September, 15th December & 15th march |
|
21. |
FLA Returns |
FLA have to be met by the companies that are involved with FDI or companies who invest in foreign companies either via joint venture or wholly owned subsidiaries, also termed as ODI |
15th July of every year |
|
22. |
DPT 3 |
DPT -3 must be filed by companies to furnish information about deposits and/or outstanding receipt of loan or money other than deposits. |
30th June of every year for Previous FY |
|
23. |
MSME Return |
MSME strengthens the provisions relating to delayed payments to the MSMEs by providing the maximum credit period and penal interest for delay in payment. |
MSME 1st half yearly - 30th April for October - March MSME 2nd half yearly - 31st October for April - September |
After Incorporation of a company, certain compliances should be completed by the management. These compliances are usually required to be done within 30 days, 60 days or 180 days. However, some of these compliances needed to be completed once for the lifetime of the company. Also there are some compliances that should be performed every year by the company. They are required to fulfil these requirements before the due date. These annual compliances should be completed carefully on prior basis otherwise companies have to bear certain penalties or fines.
1) What is the due date for filing Income Tax Return?
Incase of non-audit ITR the due date is 31st july and for audit ITR it is 31st october.
2) What is the last date to file INC-22?
Form INC-22 should be filed within 30 days after the incorporation of a company.
3) When should the first board meeting be held?
The first board meeting should be conducted within 30 days after the incorporation of the company.
4) What is the time limit for share subscribed capital?
The subscribed capital should be shared within 60 days after the incorporation of a company.
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