Essential Annual Compliances for Companies in India: A Step-by-Step Guide
1. Introduction to Annual Compliances for Companies in India –
In India,
companies registered under the Companies Act, 2013, must comply with various
annual regulatory requirements. These compliances ensure transparency,
financial accountability, and adherence to legal norms set by regulatory
authorities such as the Ministry of Corporate Affairs (MCA), the Registrar of
Companies (ROC), and the Income Tax Department. Annual compliance requirements
vary based on the type of company. Non-compliance can lead to penalties, fines,
or even disqualification of directors.
2. Types of Companies and Their Compliance Requirements –
The following
are the annual compliances for companies
in India -
3. Private Limited Company (Pvt. Ltd.) –
A Private
Limited Company is a privately held business entity with limited liability.
The following
are the Private Limited Company law
compliance in India -
1. Annual
Financial Statements & Audit - Filing of AOC-4 with the Registrar of
Companies (ROC).
2. Annual
Return Filing (MGT-7) - Details of shareholding and company structure.
3. Income
Tax Return (ITR-6) - Filed annually with the Income Tax Department.
4. Board
Meetings - At least four board meetings per year.
5. Statutory
Audit- Conducted by a Chartered Accountant.
4. Public Limited Company –
A Public
Limited Company can issue shares to the public and has stricter compliance
obligations.
The following
are the Public Limited Company law
compliance in India -
1. Annual
Return (MGT-7) and Financial Statement Filing (AOC-4).
2. Statutory
and Secretarial Audit - Compulsory for all public companies.
3. Quarterly
& Annual SEBI Filings (For listed companies).
4. Board
and Shareholder Meetings - At least four board meetings and an Annual General
Meeting (AGM).
5. One Person Company (OPC) –
The following
are the OPC Company law compliance in India -
1. A One
Person Company is a company with a single owner and limited liability.
2. Annual
Return Filing (MGT-7A): Simplified return filing.
3. Financial
Statements Filing (AOC-4).
4. Income
Tax Return (ITR-6).
5. Board
Meeting: Minimum one meeting per year.
6. Audit
Requirements: Mandatory if turnover exceeds Rs 2 crore.
6. Limited Liability Partnership (LLP) –
The following
are the LLP Company law compliance in India -
1. An
LLP combines the benefits of a partnership and a limited company. Compliance
includes -
2. Annual
Return Filing (Form 11) - Statement of partners and capital structure.
3. Statement
of Accounts & Solvency (Form 8).
4. Income
Tax Return (ITR-5).
5. Audit
Requirement - Mandatory if turnover exceeds Rs 40 lakh or contribution exceeds
Rs 25 lakh.
7. Section 8 Company (Non-Profit Organization) –
A Section 8
Company is formed for charitable purposes.
The following
are the Section 8 Company law
compliance in India -
1. Annual
Return (MGT-7) and Financial Statement (AOC-4) filing.
2. No
dividend declaration; profits must be reinvested in the objective.
3. Income
Tax Exemptions if registered under Section 12A and 80G of the Income Tax Act.
8. Key Annual Compliance Filings for Companies in India –
Companies registered in India must fulfill various annual compliance requirements as
mandated by the Companies Act, 2013, the Income Tax Act, 1961, and other
regulatory authorities like the Ministry of Corporate Affairs (MCA) and the
Registrar of Companies (ROC). Here are the key annual compliance filings for companies in India –
Annual Financial Statements & Audit
Filing (AOC-4) |
Form AOC-4 is the form used to file a
company's annual financial statements with the Registrar of Companies (ROC).
It is an e-form prescribed by the Companies Act of 2013. It is applicable to
all companies except LLPs. |
Annual Return Filing (MGT-7/MGT-7A for OPCs
& Small Companies) |
Both the forms are
electronic forms that companies in India use to file their annual returns. |
Income Tax Return (ITR-6 for Companies,
ITR-5 for LLPs) |
Companies registered in India and operating
a business for profit must file. |
Board Meetings & Annual General Meeting
(AGM) |
Board meetings should be a minimum of four
per year for Private and Public Limited Companies. AGM is mandatory for Public and Private
Limited Companies (except OPCs). |
Director KYC (DIR-3 KYC) |
Director KYC (DIR-3 KYC) is a form that directors
must submit annually to the Registrar of Companies (ROC). It's used to verify
a director's identity and keep their information up to date. |
Auditor Appointment & ROC Filing (ADT-1) |
Form ADT-1 is a form used to inform the
Registrar of Companies (ROC) about the appointment of an auditor in a
company. Must be submitted within 15 days of the AGM. |
Statement of Accounts & Solvency for
LLPs (Form 8) |
The Statement of Accounts & Solvency
(Form 8) is a financial statement that LLPs file annually with the Ministry
of Corporate Affairs (MCA). The filing deadline is October 30th each year. |
LLP Annual Return (Form 11) |
Form LLP 11 is an annual return of an LLP
that needs to be filed within 60 days from the end of a financial year. |
Corporate Social Responsibility (CSR) Report
(For Companies Falling Under CSR Rules) |
The newly introduced form CSR-2 is required
to be filed by those entities that fall under the provisions of Section 135
of the Companies Act, 2013. The form must be filed as part of the Board's
Report in AOC-4. |
TDS Return Filing (Form 24Q/26Q) |
It serves as a statement of tax deducted at
source on salaries. |
9. Best Practices to Ensure Smooth Annual
Compliance for Companies in India –
- Maintain a
compliance calendar.
- Appoint a
dedicated compliance officer or consultant.
- Conduct internal
compliance audits.
- Automate
compliance filings using technology.
- Reconcile tax
filings with financial statements.
- Submit filings
well before due dates.
- Regularly update
compliance knowledge.
- Implement a compliance
review mechanism.
- Engage with legal
and tax advisors proactively.
10. Conclusion –
Annual compliance for companies in India is crucial for ensuring smooth operations and maintaining legal standing.
By adhering to statutory, tax, and regulatory requirements, businesses can
avoid penalties, maintain credibility, and foster sustainable growth. A
well-structured compliance strategy—incorporating timely filings, accurate
record-keeping, internal audits, and professional guidance—helps streamline the
process and minimizes risks.
Global Jurix simplifies annual compliance filing for companies in India. From ROC filings, tax returns, GST
compliance, audits, and legal documentation, we handle it all—ensuring accuracy
and timely submissions. Stay compliant, avoid penalties! Contact us today!
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