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Compliance List
Compliance List

We have tried to compile all the mandatory and limit-based compliance which are required to be followed by different types of entities under under Companies Act, 2013.

The entities for which you will get compliance list are as follows.

1. One Person Company

2. Small Company

3. Start-up Company

4. Private Company

5. Unlisted Public Company

6. Listed Company.

Please note that, the compliance list does not include any event-based compliance and does not include any compliance other than Companies Act, 2013.

We have tried to compile the list in such a way that a layman can also understand the basic provisions of the Companies Act, 2013 especially a limit-based compliance.

A. MANDATORY COMPLIANCE

1. Filing of Return for Delayed Payment to MSMEs (Form MSME-1)

Cards

Cards

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March 2024

Month

Today

Sunday

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

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3. Disclosure of Interest by Directors (Form MBP-1)⁠

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4. Declaration about disqualification (Form DIR-8)⁠

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5. Annual General Meeting⁠

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6. Report on Annual General Meeting

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7. Board meetings (Section 173)⁠

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8. Secretarial Standards 1 and 2

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9. Filing of Financial Statement (Form AOC-4)⁠

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10. Filing of Annul Return (Form MGT-7)⁠

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11. Appointment of Auditor (Form ADT-1)⁠

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12. Directors’ KYC (Form DIR-3 KYC)⁠

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13. Filing of Form MGT-14⁠

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14. E-Voting facility for General Meeting⁠

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15. Postal Ballot⁠

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16. Secretarial Auditor⁠

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17. Internal Auditor⁠

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18. Audit Committee and Nomination and Remuneration Committee⁠

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19. Stakeholders Relationship Committee⁠

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20. Independent Directors⁠

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21. Woman Director⁠

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22. Vigil Mechanism⁠

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23. Key Managerial Personnel⁠

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A. MANDATORY COMPLIANCE

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1. Filing of Return for Delayed Payment to MSMEs (Form MSME-1)⁠

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As per notification by Ministry of Corporate Affairs⁠

, if a Company has any amount payable to Micro and Small enterprises registered under MSME Act which is outstanding for more than 45 days from the date of acceptance or the date of deemed acceptance of goods or services, then such Company is required to file Form MSME-I.

Filing Frequency: Half-yearly (on or before 31st Oct and 30th April, as the case may be)

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2. Filing of Return of Deposit (Form DPT-3)⁠

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Pursuant to Rule 16 of Companies (Acceptance of Deposits) Rules, 2014, every company shall file Form DPT-3 for filing return of deposit or particulars of transaction not considered as deposit or both.

Filing Frequency: Annually (on or before 30th June)

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3. Disclosure of Interest by Directors (Form MBP-1)⁠

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As per Section 184, every Director of a Company shall disclose his concern or interest in other entities in Form MBP-1.

Filing Frequency: Annually (at the first board meeting of a financial year)

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4. Declaration about disqualification (Form DIR-8)⁠

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As per Section 164, every director shall inform to the company concerned about his disqualification under sub-section (2) of section 164, if any, in Form DIR-8 before he is appointed or re-appointed.

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5. Annual General Meeting⁠

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As per Section 96, Every company shall in each year hold Annual General Meeting and not more than 15 months shall elapse between the date of one annual general meeting of a company and that of the next:

First AGM: within 9 months from the closure of Financial year

Any subsequent AGM: within 6 months from the closure of Financial year

Quorum:

a. 5 members personally present – if number of members is upto 1,000

b. 15 members personally present – if number of members is more than 1,000 but upto 5,000

c. 30 members personally present – if number of members is more than 5,000

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6. Report on Annual General Meeting⁠

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As per Section 121, every Listed Public Limited Company shall prepare a report in Form MGT-15 on each AGM which shall be filed with ROC within 30 days from the date of AGM.

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7. Board meetings (Section 173)⁠

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First Board meeting

Every Company shall hold first meeting of Board within 30 days.

Subsequent Meetings

Listed Company shall hold a minimum 4 meetings every year provided not more than 120 days shall intervene between two consecutive meetings of the Board.

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8. Secretarial Standards 1 and 2⁠

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As per Section 118(10), every company is required to comply with

Secretarial Standards 1⁠

and

Secretarial Standards 2⁠

as issued by ICSI and as approved by MCA.

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9. Filing of Financial Statement (Form AOC-4)⁠

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As per Section 137, Listed Company shall file Financial Statements, including consolidated financial statements, with ROC within 30 days from the date of AGM in Form AOC-4 XBRL.

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10. Filing of Annul Return (Form MGT-7)⁠

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As per Section 92, every Company shall file Annual Return in Form MGT-7 within 60 days from the date of AGM.

Signing

Such Annual Return shall be signed by a director and the company secretary.

Certification by Practicing Company Secretary (Form MGT-8)

Annual Return of Listed Company shall be certified by a Company Secretary in practice and the certificate shall be in Form No. MGT.8.

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11. Appointment of Auditor (Form ADT-1)⁠

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First Auditor

In every Company, the first auditor shall be appointed by the Board within 30 days from the date of incorporation and in the case of failure of the Board to appoint such auditor, the members of the company shall appoint within 90 days at an EGM and such auditor shall hold office till the conclusion of the first AGM.

In other cases

As per Section 139(1), every Company is required to appoint Statutory Auditor for five years and shall file Form ADT-1 within 15 days from the date of appointment.

Provided that Listed Companies shall not appoint or re-appoint

(a) an individual as auditor for more than one term of five consecutive years; and

(b) an audit firm as auditor for more than two terms of five consecutive years.

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12. Directors’ KYC (Form DIR-3 KYC)⁠

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Every person who holds DIN as on 31st March of a financial year shall submit Form DIR-3 KYC on or before 30th September of immediately next financial year.

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13. Filing of Form MGT-14⁠

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As per Section 117(3)(g), all companies other than Private companies shall be required to file Form MGT-14 for the resolutions passed under Section 179(3).

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14. E-Voting facility for General Meeting⁠

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As per Section 108, every Listed Company (equity shares on recognised stock exchange) shall provide e-voting facility to its members for general meetings.

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15. Postal Ballot⁠

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As per Section 110, certain businesses shall be transacted through Postal Ballot by all companies.

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16. Secretarial Auditor⁠

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As per Section 204, Listed Companies are required to appoint Secretarial Auditor to conduct Secretarial Audit of the Company.

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17. Internal Auditor⁠

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As per Section 138, Listed companies shall be required to appoint an internal auditor.

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18. Audit Committee and Nomination and Remuneration Committee⁠

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As per Section 177, Listed Public companies shall constitute Audit Committee and Nomination and Remuneration Committee.

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19. Stakeholders Relationship Committee⁠

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Every Listed company which has more than 1,000 shareholders, debentureholders, deposit-holders and any other security holders at any time during a financial year shall constitute Stakeholders Relationship Committee.

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20. Independent Directors⁠

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As per Section 149(4), every Listed Public companies shall have atleast 1/3rd of total number of directors as Independent Directors.

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21. Woman Director⁠

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As per Section 149(3), Every Listed company shall require to appoint atleast one woman director.

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22. Vigil Mechanism⁠

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As per Section 177(9), every Listed company shall require to establish a vigil mechanism for directors and employees to report genuine concerns.

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23. Key Managerial Personnel⁠

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As per Section 203, every Listed Company shall appoint following persons

· Managing Director or CEO or Whole-time Director;

· Company Secretary; and

Chief Financial Officer

Table 1

Table 1

7/13/2021

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Compliance ListCompliance List

1. Filing of Return for Delayed Payment to MSMEs (Form MSME-1)

March 2024

Compliance List
Compliance List