Running a Private Limited Company in India

Operating a Private Limited Company (PLC) in India involves complying with various statutory and regulatory requirements governed by both State and Central Acts. These requirements are essential for ensuring the legal and financial integrity of the company. The Income Tax Act, Companies Act, Foreign Exchange Management Act (FEMA), and Goods and Services Tax (GST) Act are some of the key regulatory frameworks that Private Limited Companies (PLCs) in India must comply with.

Here's a list of mandatory Registrar of Companies (RoC) compliances for operating a PLC in India

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Secretarial compliances

1: Conduct the First Board Meeting:

As per Section 173(1), of The Companies Act 2013, the company shall hold a meeting of the Board of Directors either in person or through video conferencing.

Due date : within 30 days from the date of incorporation

2: Open a Bank Account:

The directors must apply for a current account opening with a bank by furnishing the Certificate of Incorporation, Spice + forms and a board resolution resolving for the opening of such account.

‍Due date : After receipt of the Certificate of Incorporation‍

3: Appoint a Statutory Auditor:

The Board of Directors must appoint a practising Chartered Accountant as an auditor by filing Form ADT-1.

Due date : within 30 days from the date of incorporation

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If the Board of Directors of Company fail to appoint an auditor within 30 days of incorporation, the shareholders of the company can appoint an auditor within 90 days of incorporation by calling Extra-ordinary General Meeting (EGM). The tenure of the first auditor of the Company shall be up to conclusion of first Annual General Meeting of the company.

4: Submit the Commencement of business form:

The company shall obtain a certificate of commencement of business. There is a requirement to file a disclosure made by the directors of the company stating that every subscriber has paid the amount due on the shares. This declaration has to be filed by the company by submitting Form INC 20A.

Due date : within 180 days from the date of incorporation

5: Issue share certificates

Due date : Within 60 days from the date of incorporation

6: File the return of deposits with the Registrar of Companies- Form DPT 3

Due date : before 30th jUNE of the following Financial Year

7: File the KYC details of directors with the Registrar of Companies- Form DIR 3 KYC

Due date : before 30th September of the following Financial Year

8: Hold an Annual General Meeting

Due date : Within 9 months from the date of closing of first Financial Year

9: File Annual return with the Registrar of Companies- Form AOC-4

Due date : Within 30 days from the date of Annual General Meeting (AGM)

10: File Annual return with the Registrar of Companies-Form MGT-7/ 7A

Due date : Within 60 days from the date of Annual General Meeting (AGM)

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