Other than any business formation, private limited company is one of the most prominent and significant forms of business in India due to its seamless benefits provided to the community such as limited liability form of ownership, no restriction on the minimum amount of paid up capital of the company, ability to raise equity funds, and more.
Did you know that businesses registered under private limited needs to comply with various momentous compliances. The one important thing is that they must file an MCA annual return and income tax return each year.
But before Company annual return filing, there is one responsibility that lies on the head of the company is that the company must conduct an Annual General Meeting at the end of each financial year and that varies from the view of inception of business.
For newly incorporated Companies, the Annual General Meeting should be held within 18 months from date of incorporation or 9 months from the date of closing of the financial year, whichever is earlier.
Here, you will read about the list of compliances and filing for a private limited company along with event based ROC compliance information in a tabular format.
Mandatory ROC Compliances for a Private Limited Company
Certainly, there are multiple compliance that private limited companies deal with. Here are some of the compliances have been mentioned below:
1. Board Meetings: The registered private limited business/company needs to organize the first board meeting within 30 days of its incorporation. Thereafter, the company has the advantage to hold the remaining at least 4 board meetings in a year in such a manner that not more than one hundred and twenty days shall intervene between two consecutive meetings of the Board.
2. Annual General Meeting: Other than OPC, the rest of the unlike form of businesses is required to hold an Annual General Meeting (AGM) of its members for a financial year for the purpose of conversation the financials and board report, appointment of auditor, directors appointment etc.
3. Disclosure of Director’s Interest: It’s not the choice, but all the directors of a company are required to give a notice of Interest in any other entity in Form MBP-1 to the company every year in its first Board Meeting.
4. Filing of Income Tax and Annual Return: Besides the ITR filing or books of accounts audited by the IT department, the company is also required to file its audited financials and Director’s report with the ROC in Form AOC-4 within 30 days of its Annual General Meeting.
5. Maintenance of Statutory Registers: It’s not the call, but, the call of duty for a company to mandatorily maintain various registers like Minutes of Board Meeting, Minutes of AGM, Minutes of debenture holder meetings, Register of Charges, Register of Share Certificates, Register of Members etc.
6. Filing of Directors Identification Number (DIN) KYC: Each person who holds DIN is required to file form DIR-3 KYC with the ROC for submitting his/her KYC details for every financial year.
7. Certificate of Commencement of Business: However, it's a one-time process but mandatory compliance for all the companies to file form INC-20A for the Certificate of Commencement of Business within 180 days of incorporation of the company.
Event based ROC Compliances for a Private Limited Company
If discussing the compliances for a private limited company on the basis of event is many which are presented below in the form of tabular structure consist heads - nature of compliance, section detail, and required e-form.
| S.No. | Nature of Compliances | Section | E-Form |
| 01 | Change in Director | Section 149 | DIR-12 |
| 02 | Change in Authorized Share Capital | Section 61 and 64 | SH-7 |
| 03 | Return of Allotment | Section 62 | MGT-14, PAS-3 |
| 04 | Creation and Modification of Charge | Section 77 | CHG-1 |
| 05 | Registration of Satisfaction of Charge | Section 82 | CHG-4 |
| 06 | Appointment of Statutory Auditor | Section 139 | ADT-1 |
| 07 | Resignation of Statutory Auditor | Section 140 | ADT-3 |
| 08 | Switching of Registered office another location but in the same city | Section 12 | INC-22 |
| 09 | Switching of Registered office another location outside the city | Section 12 and 13 | INC-23, INC-28, MGT-14 and INC-22 |
| 10 | Return for Delay in payments to MSMEs | Section 405 | Form MSME |
| 11 | Return of Deposits with the Company | Section 73 | DPT-3 |
| 12 | Filing of Resolutions and Agreements with ROC | Section 117 and Section 179 | MGT-14 |
| 13 | Additional place for bookkeeping operations handles | Section 128 | AOC-5 |
| 14 | Disclosure of Substantial Beneficial Ownership (SBO) | Section 90 | BEN-2 |
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