RoC
Compliance
Every Company incorporated in India must comply with the ongoing government rules and regulations after incorporation; a private company is required to comply with the various laws and provisions under the Companies Act 2013 and rules made there under.
Registrar of Companies (ROC) is the designated authority that deals with administration of Companies Act 2013 and it falls under Ministry of Corporate Affairs. The Companies incorporated under the Companies Act, 2013 are mandatory to file various forms, returns and documents with the Registrar of Companies (ROC) in an electronic mode within the prescribed time along with the prescribed fees.
To avoid penalties and fines, it is mandatory to comply with all compliances applicable to your company.
The Tax Baniya Team shall guide you through all these compliances required to be completed since the incorporation.
| COMPANY’S RETURN | LLP’s RETURN | RBI RETURNS FOR COMPANY / LLP HAVING FOREIGN SHAREHOLDERS |
| It is mandatory for every company incorporated in India whether to file the various e-Forms along with the necessary documents with the Registrar of Companies. Annual filing of the company includes all the documentation related to the filing of financial statements and Annual return which consists of information that includes the Financial Statements of the company, Certifications(if any) Registered Office Address, Shares and Debenture details, Register of Members, Debt details and information about the Management of the Company. The annual return would also disclose the shareholdings structure of the Company, changes in Directorship and details of the transfer of securities. Taxbaniya can help you file your Company’s annual return in India. For various applicable return and penalty | LLPs in India must file their Annual Return within 60 days from the end of financial year and Statement of Account & Solvency within 30 days from the end of six months of close of financial year. Unlike Companies, it is compulsory for LLP’s to maintain their financial year, as 1st April to 31st March. Therefore, LLP annual Filing is due on 30th May and the Statement of Account & Solvency is due on 30th October of each financial year. If the annual turnover exceeds Rs. 40 lakhs or if the contribution exceeds Rs. 25 lakhs then, LLP’s are required to audit their accounts. LLP Annual Filing is done through Taxbaniya. For various applicable return and penalty | The annual return on Foreign Liabilities and Assets (FLA) is required to be submitted directly by all the Indian companies which have received FDI (foreign direct investment) and/or made FDI abroad (i.e. overseas investment) in the previous year(s) including the current year i.e. who holds foreign Assets or Liabilities in their Balance Sheets. Taxbaniya can help you file your Company’s RBI returns in India. For various applicable return and penalty
|
| Included – AOC 4, MGT 7, ADT -1, DIR 3-KYC, DPT 3, MSME Form 1 | Included – Form 8, form 11 and form DIR3-KYC | Included – form FLA and FCGPR and APR (RBI) |
| Pricing – Professional fees of Rs. 10,000 Onwards Annually for up to 2 DIN plus ROC filing fees | Pricing – Professional fees of Rs. 5,000 Onwards Annually for up to 2 DIN plus ROC filing fees | Pricing – Rs. 5,000 Onwards Annually |
Annual Compliance – Private Limited Company
| Annual Forms and Purpose | *Approx. Govt Fees | **Consequences of Late / Non Filing | Remark / due date |
| Form AOC-4 (Form for Filing Financial Statements and other documents) | Rs. 200 to 600 | Rs. 100 Per day | Within 30 Days of AGM |
| MGT-7 (Annual Returns) | Rs. 200 to 600 | Rs. 100 Per day
| Within 60 Days of AGM |
| ADT-1 (Form for Appointment of Statutory Auditor) | Rs. 200 to 600 | Additional Fee up to 12 times of Normal Fee
| Once in 5 Years and within 15 days of appointment |
| MSME-1 (Only if Payment Outstanding for more than 45 Days to Micro, Small Enterprises) – Half Yearly | Rs. 200 to 600 | ROC has powers to decide penalty since till date specific amount of penalty is not given. | Half Yearly Return Due Dates : 30th April and 31st October of every year |
| DPT-3 (Return of Deposit or Particulars of transaction not considered as Deposit) | Rs. 200 to 600 | Company shall be punishable with fine which shall not be less than Rs.1 Crore or twice the amount of deposit accepted by the company, whichever is lower but which may extend to ten crore rupees; and Every officer of the company who is in default shall be punishable with imprisonment which may extend to 7 years and with fine which shall not be less than Rs. 25,00,000 but which may extend to Rs. 2 Crore | Once in a Year before 30th June |
| DIR-3 KYC (Director’s KYC per DIN) | Nil | 5000 plus Deactivation of DIN | Once in a Year – Due date 30th April of every year for every DIN holders |
* Government fees depends upon the Authorized Share Capital of the Company
** ROC has powers to decide penalty / fine even after payment of late filing fees on delayed filing of any forms and fine is prescribed in referencing section itself of particular return.
Annual Compliance – LIMITED LIABILITY PARTNERSHIP (LLP)
| Annual Forms and Purpose | *Govt Fees | **Consequences of Late / Non Filing | Remark |
| FORM-8 (Statement of Account and Solvency) | 50 | 100 Per Day | 30th October of every year |
| FORM-11 (Annual Return) | 50 | 100 Per Day | 30th May of every year |
| DIR-3 KYC (Director’s KYC per DIN) | Nil | 5000 plus Deactivation of DIN | Once in a Year – Due date 30th April of every year for every DIN holders
|
* Government fees depends upon the Contribution of the LLP
** ROC has powers to decide penalty / fine even after payment of late filing fees on delayed filing of any forms and fine is prescribed in referencing section itself of particular return.
