The registration of private limited corporations in India is governed by the Companies Act of 2013. According to the Companies Act of 2013, a private corporation must consist of a minimum of 2 shareholders and a maximum of 200 members. Members and shareholders of a private limited company should bear the least amount of responsibility because their personal assets are not likely to be sold in the event of financial peril.
Compliances:
Business Name Board: Each office and location where a firm conducts business must show the name and address of the registered office. Clearly legible characters must be used to write this information.
Company Letterhead: Each office and location where a firm conducts business must show the name and address of the registered office. Clearly legible characters must be used to write this information.
First Board Meeting: All of the company’s directors must attend the board’s inaugural meeting, which must take place within a month or thirty days of incorporation. At least seven days prior to the board meeting, each corporate director must receive formal notice of the declaration.
Other Board Meetings: The board must hold a minimum of four additional meetings each year with a 120-day gap between them. Each director of the corporation is required to submit a declaration of potential conflicts of interest at:
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When he attends his first board meeting as a director;
The initial meeting of the board of directors of the business each fiscal year; or
When disclosures are required, the shareholder must complete Form MBP 1 with a complete list of all relatives and attending relatives in the Company who meet the RPT definition as well as information about their affiliation with any body corporate, company, organisers, firm, or other group of people that holds a shareholding interest. Form MBP-1 should be part of the Company’s documentation or records.
Auditor: The first auditor of the Company shall be appointed by the Board of Directors within thirty (30) days after the date of incorporation and shall hold office until the conclusion of the first Annual General Meeting. In the case of the First Auditor, there is no need to file an ADT-1. The BOD shall appoint the Auditor Auditor at the first annual general meeting (AGM) of a private limited company, who shall hold the job until the end of the sixth AGM and shall notify the ROC by filing ADT-1. Private Limited Company information, not Auditor Auditor information, must be supplied on Form ADT 1 within 15 days of the designation.
Annual Meeting: On or before September 30th of each fiscal year, every Private Limited Company is required to schedule an Annual General Meeting during regular business hours. At the private limited company’s registered office in the village, town, or city where the registered office is located, or on a day that is not a general public holiday. The same requires notification 21 days in advance.
Annual Return Filing: All Private Limited Companies shall deliver their Annual Returns within 60 days of the Annual General Meeting. The corporation must submit its annual return every year between “1st April and 31st March.”
Statutory Accounts Audit: Every Private Limited Company is required to prepare its accounting reports and acquire the correct audit from a Professionals/Chartered Accountant at the conclusion of each financial year. The Auditor must include an Audit Report and the company’s audited financial statements when submitting the firm to the Registrar.
Reports: This is to be filed by the Private Limited Company, together with all the necessary details that a Small Company must provide in accordance with Section 134.
Accounts and Other Registers: Statutory Registers, such as the Directors’ and KMP’s Registers, the Register of Members or Shareholders’, the Register of Beneficial Owners’, the Loans, Contracts, and Arrangements or Deposits’, and so forth. The ROC file, the books of accounts, the financial statements, the minutes of the AGM, an annual general meeting, and other meetings must all be kept current and maintained.
The Private Limited Company should make sure that at least 21 days before the Annual General Meeting (AGM), the annual financial statement and other documents, such as the Director’s Report and the Auditors’ Report, have been distributed or emailed to the members.
When used properly, compliance is a corporate asset that may give organisations a competitive advantage, consumer trust, and a return on investment. Compliance is a way of doing business, a factor in investor trust, and a component of a transparent, open culture. It is not only about “ticking a box” or “doing the right thing.” Always remember that compliance costs are never larger than the cost of non-compliance.
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