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Compliance List

Pratik Shah

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Mandatory Compliances

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)

Filing of Return of Deposit (Form DPT-3)

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)

Disclosure of Interest by Directors (Form MBP-1)

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)

Declaration about disqualification (Form DIR-8)

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.

Annual General Meeting

As per Section 96, Every Small 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:

In case of small company: 2 members personally present.

Board meetings (Section 173)

First Board meeting

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

Subsequent Meetings

Every Private Company (Small Company) shall hold atleast one board meeting in each half of calendar year and the gap between two meetings is not less than 90 days.

Secretarial Standards 1 and 2

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.

Filing of Financial Statement (Form AOC-4)

As per Section 137, every Small Company shall file Financial Statements, including consolidated financial statements, with ROC within 30 days from the date of AGM in Form AOC-4 or Form AOC-4 CFS, as the case may be.

Filing of Annul Return (Form MGT-7)

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

Signing

Annual Return of every Private Company (Small Company) shall be signed by the director of the company.

Appointment of Auditor (Form ADT-1)

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.

Directors’ KYC (Form DIR-3 KYC)

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.