Compliances under Companies Act, 2013

As the number of entrepreneurs has risen, the number of registrations for companies has also seen a sharp increase in India. Though the entrepreneurs have great expertise and knowledge in their field, however, they may need some assistance and guidance while making sure that the required mandatory compliances provided under the Company Act, 2013 are done in the time required. 

Types of Compliances under the Companies Act, 2013

The compliances under the Company Act, 2013 could be categorised as per the following-

1. After incorporation compliances
2. Annual compliances
3. Event based compliances 

After Incorporation compliances 

As provided under the Companies Act, 2013, certain compliances are required to be done after the registration of the company is completed. A Company becomes a separate entity after it has been registered and thus it becomes liable to comply with all the legal requirements as provided by the Companies Act, 2013. 

a) Verification of the Registered Office –

After the incorporation of the Company, it is required to complete verification of its registered office with the registrar of the companies. 

b) Display Company Information –

Every company is required to display the following information outside its registered office as well as its business letters, bill heads and other official documents and publications-

1. Company’s name
2. Its identification number
3. Address of the registered office
4. Official phone number
5. Website, e-mail ID and fax no. 

c) First Board meeting –

Within 30 days of its incorporation, every newly formed company has to conduct its first board meeting.

d) Appointment of the Auditor –

An auditor is required to be appointed within the 30 days of its incorporation by every company in the Board meeting.

e) Share Certificate Issuance –

Every company is required to issue share certificates to the shareholders, also the incorporation details and the share certificate numbers are also required to be mentioned in the records maintained by the company. 

f) Maintenance of Minutes –

Each company is required to maintain the minutes of every meeting, it must be prepared within 15 days of such meeting and has to be finalised within 30 days. 

g) Statutory Registers –

As provided under Section 85 and 88 of the Companies Act, 2013, each company registered under the Act is required to prepare and maintain certain statutory registers at its registered office, these include Register of members, register of the shareholders, register of charges, the register of the Employee Stock Option, etc., failing to do which the company and the directors shall be prosecuted and be fined. 

Annual Compliances Under the Act of 2013

Following is the list of the yearly compliances as provided under the Companies Act, 2013

a) Board meetings –

Every registered company is required to conduct at least 4 Board Meetings every year. The maximum gap between two consecutive meetings could be 120 days and not more than it. 

b) Annual General Meeting –

In addition to the 4 board meetings, a company is required to conduct a general meeting of its members every year. The first Annual GEneral Meetings has to be done within 9 months from the end of the financial year, afterwards these meetings shall be held within 6 months from the end of financial years. A gap of maximum 15 months is allowed between two subsequent annual general meetings. 

c) Form MBP-1 Receipt –

Every director has  to submit a disclosure of his/her interests in every other registered entity in the Form MBP-1. Also, the director must disclose changes in his/her interest in board meetings as well. 

d) Preparation and circulation of financial statements –

Each company is required to ensure the maintenance of its financials and the same shall be circulated along with the director’s report and the auditor’s report along with the notice of General and annual meetings of the company.

e) E-Form AOC-4 –

In addition to the annual return, the company’s financials are also required to be filed with the ROC within a period of 30 days from the date of its annual general meeting in the e-Form AOC-4. Documents required to be attached with this form are-

1. Copy of Balance sheet
2. Copy of the profit and loss A/c
3. Director’s report
4. Notice of the Annual General Meeting
5. Auditor’s Report

Events based compliances as provided under the Act of 2013

There are some regular compliances as provided under the Companies Act, 2013 which are required to be adhered to. These compliances are non-negotiable shall be followed without delay, if a delay in filing such forms is caused, it may result in penalties and punishments-

a) Change in the Directorship –

If there is a change in the board of the directors of the company, i.e. appointment and cessation or a change in the designation, the registrar shall be informed of the same within 30 days of such change through the filing of the DIR-12 form.

b) Change in the Address of the Registered Office –

The company is obligated to inform the Registrar of the Company of the change in the registered office of the company. 

These and some other compliances have been provided under the Company’s Act, which are mandatory to be followed, failing to do which the company and the members of the board may face some punishment or penalties. To have a better understanding of the legal provisions provided under the Companies Act, it is advised to seek legal advice from an experienced advocate who has been dealing in the same field. Lead India offers you experienced lawyers who have been dealing with issues related to the corporate field, including the provisions of the Company Act, you may contact us for the same.