Monday, 4 March 2019

ANNUAL CALENDAR COMPLIANCE FOR PRIVATE COMPANIES


We have laid down the basic annual compliances for a private company as per The Companies Act, 2013 and forms to be filed with ROC/MCA.


S.
No.
Forms
Purpose
Applicability
Due Date and time
Exemption
Documents required


Penalty
1.
INC- 20A
Filing of details about the Subscription amount at the time of incorporation
Companies incorporated on or after  02.11.2018
Shall file Form Inc-20A
Within 180 days of incorporation of the company
Companies incorporated before 02.11.2018
Proof of receipt of  subscription Amount.
1.Company:
Penalty of Rs.50,000
2. Action may be initiated by the Registrar for removal of name of the company on belief that the company is not carrying any business.
2
ACTIVE FORM-INC 22A
Filing of the particulars of the company & its registered office.
Every company incorporated on or before the 31st Dec., 2017
On or Before 25th April, 2019
Companies which are:
1.Strucked off
2. under process of striking off
3.Under liquidation
4.Amalgamat-ed or dissolved
1.Photograph of Registered Office exterior and interior with one of the director.
1.Late filing attracting penalty of Rs.10,000
2. Non filing may lead to “ACTIVE NON COMPLIANT “Status of the company.
3.
DIR-3 KYC
Filing of Director’s KYC Details who has been allotted DIN
Every Director having an “APPROVED DIN”
On or Before
30th April of every Financial Year
N.A.
1.PAN (Mandatory)
2.Aadhar Card (Mandatory)
3. Voter Id 4.Passport(if Foreign national is holding a DIN)
5. Driving License
Late filing attracting penalty of Rs.5,000
4.
MSME Form-I
ONE TIME RETURN:
Submission of details of all outstanding dues beyond 45 days to MSME as on 22.01.2019
Every Specified Company i.e.
Public or private who received Goods or services from MSME
Within 30 days from the availability of Form MSME-I on MCA21 Portal
Companies with no outstanding payments to MSME or such outstanding payments are for not more than 45 days
1.Details of Outstanding dues (Name of the parties and amount due)
2.Reasons for delay
1.Company–upto Rs. 25,000
2. Directors, CFO and CS
Imprisonment – up to 6 Months or
Fine – not less than Rs. 25,000 upto Rs. 3,00,000 per person
HALF YEARLY RETURN:
Submission of details of all outstanding dues to MSME along with the Reasons for the delay

Every Specified Company i.e.
Public or private who received Goods or services from MSME

First Half yearly:-
1:- 1st  April to 30th  September  - 31st October every year -Second Half yearly:-
2:- 1st October to 31st March - 30th April every year

No outstanding payment to MSME

1.Details of Outstanding dues (Name of the parties and amount due)
2.Reasons for delay
1.Company – upto Rs. 25,000
2.Directors, CFO and CS
Imprisonment – up to 6 Months or
Fine – not less than Rs. 25,000 upto Rs. 3,00,000 per person
5.
DPT- 3
ONE TIME RETURN:
Reporting Of Outstanding sums of Receipt Of Money Not Considered As Deposit As Per Rule 2(1)(C)
All co(s)whether small, Non small, Private, Public, OPC
Within 90 days from the commencement of the notification i.e.22nd Jan,2019
1.Government company
2.NBFC
3.Housing finance Company
1.Auditor’s Certificate
2. Copy of trust deed – Mandatory if company has trust deed
3. Copy of instrument creating charge.
4. List of depositors.
5. Details of liquid assets
Penalty for late filing
1.upto 30 days: 2 times of Normal fees
2. More than 30 days and upto 60 days: 4 times of normal fees
3. More than 60 days and upto 90 days: 6 times of normal fees
4. More than 180 DAYS: 12 times of normal fees
YEARLY RETURN:
Reporting Of Outstanding sums of Receipt of Money Not Considered As Deposit As Per Rule 2(1)(C) and Deposits
All co(s)whether small, Non small, Private, Public, OPC
By 30th June of every year containing details as on 31st March.
1.Government company
2.NBFC
3.Housing finance Company
1.Auditor’s Certificate
2. Copy of trust deed – Mandatory if company has trust deed
3. Copy of instrument creating charge.
4. List of depositors.
5. Details of liquid assets
Penalty for late filing
1.upto 30 days: 2 times of Normal fees
2. More than 30 days and upto 60 days: 4 times of normal fees
3. More than 60 days and upto 90 days: 6 times of normal fees
4. More than 180 DAYS: 12 times of normal fees
6.
ADT- 1
Notice to the Registrar by
company for appointment/
Reappointment of Statutory Auditor
All Companies
Within 15 days from the date of AGM – (14th October in each financial year)
NA
1.Copy of General Meeting Resolution for appointment of Auditor
2.Consent of the Auditor
3.A certificate from the Auditor that he/she not disqualified to be appointed as an Auditor
Penalty for late filing:
1.upto 30 days: 2 times Of Normal fees
2.More Than 30 Days And Upto 60days: 4 times of normal fees
3.More Than 60 Daya And Upto 90days: 6 times of normal fees
4.More than 180 days: 12 times of normal fees
7.
AOC- 4
Filing of financial statements
All Companies
Within 30 days from the date of AGM 
NA
1- Audited Signed financials
2- Signed Directors Report with MGT- 9
Rs. 100 per day after due date
8.
MGT- 7
Filing of Annual Return
All Companies
Within 60 days from the date of AGM 
NA
1. List of shareholders, debenture holders
2. Copy of MGT-8; (if Applicable)
3. Approval letter for extension of AGM (if any)
Rs. 100 per day after due date
9.
NFRA-I
ONE TIME RETURN:
Filing of particulars of the Auditors

Companies not covered under NFRA Rules
Within 30 days from the availability of the Form NFRA-1 on the MCA Portal
NA
Form not yet released
As per Act


This is a comprehensive list which is mandatory as per the conditions stated. Filing of any other form other than this list depends on the working of the company.

Please mail us at auindiacs@gmail.com for any queries.

Friday, 7 December 2018

DIR-3 KYC

This form as been introduced by insertion of Companies(Appointment and Qualification of Directors) Fourth Amendment Rules, 2018 (Rule 12A).

As per rule, every individual who has been allotted a director identification number (DIN) as on 31st March of a financial year  shall, submit e-form DIR-3-KYC on or before 30th April of immediate next financial year.

The form has to be mandatorily filed by disqualified directors also.

Every individual who has already been allotted a director identification number (DIN) as at 31st March, 2018, shall submit e-form DIR-3 KYC on or before 31st August, 2018.

The central government or regional director shall, deactivate the director identification number (DIN), of an individual who does not intimate his particulars in e-form DIR-3-KYC within stipulated time.

The de-activated din shall be re-activated only after e-form DIR-3-KYC is filed along with penalty fee of Rs. 5000/-.

REQUIREMENTS OF FORM

Unique Personal Mobile Number and Personal Email ID of Director (OTP will be received for verification purpose)

Permanent Address Proof, Copy of Aadhaar Card (for citizens of India), Copy of Passport (In case ‘Yes’ is selected in the field “Do you have a valid passport)-Documents should be self attested.
Indian Nationals : PAN based DSC should be used i.e. DSC should contain PAN as specified in the form. Ensure that the name, father’s name and date of birth is as per the income-tax PAN details.

Foreign Nationals : Applicant's name in DSC should match with his/her name entered while filing the form(DIR-3 KYC)

The form should be filed by every Director using his own DSC and should be duly certified by a practicing professional (CA/CS/CMA).

You can watch our video on the same to know the filing process or contact us at auindiacs@gmail.com for more queries.







Tuesday, 1 May 2018

Correction in PAN online through Adhaar (PAPERLESS)

Watch this video to know the live demonstration of Correction in PAN online through Adhaar.

Ensure that your Mobile number is registered with Adhaar before you go through this process.


Thursday, 12 April 2018

Amendment to Companies (Share Capital and Debentures) Rules, 2014

The Ministry of Corporate Affairs vide notification dated 10th April, 2018 has amended the Companies (Share Capital and Debentures) Rules, 2014, through  Companies (Share Capital and Debentures) Amendment Rules, 2018.
Accordingly, rule 5 sub-rule (3) of Companies (Share Capital and Debentures) Rules, 2014 has been substituted and revised rule shall be read as under:
(3) Every certificate shall specify the shares to which it relates and the amount paid-up thereon and shall be signed by two directors or by a director and the company secretary, wherever the company has appointed company secretary:
Provided that in case the company has a common seal it shall be affixed in the presence of persons required to sign the certificate.
Explanation. - For the purposes of this sub-rule, it is hereby clarified that,-
(a) in case of an One Person Company, it shall be sufficient if the certificate is signed by a director and the company secretary or any other person authorised by the Board for the purpose.
(b) a director shall be deemed to have signed the share certificate if his signature is printed thereon as facsimile signature by means of any machine, equipment or other mechanical means such as engraving in metal or lithography or digitally signed, but not by means of rubber stamp, provided that the director shall be personally responsible for permitting the affixation of his signature thus and the safe custody of any machine, equipment or other material used for the purpose.