Once a company is incorporated, a set of compliance-related formalities must be completed to maintain compliance as per the Companies Act, 2013. Non-compliance could lead to fines and penalties on the Directors and the Company. Hence, it is important for those incorporating a company to be aware of the post-incorporation compliance requirements of a company. In this article, we look at the post-incorporation compliances required for a company like statutory register maintenance, share certificates, auditor appointment, bank account opening, and more.
A presence in the global market and ecosystem is essential for companies seeking sustained growth. The Ease of Doing Business (EODB) initiative for the digitalization of India has enormous advantages. Setting up a new PLC (Private Limited Company) under this initiative creates a conducive growth environment, smoother functioning, and simplified operations.
After the registration, some compliances for Private Limited Company are mandatory for the system to move forward and startups then can start building their existence in the market. Being the legal advisor, we can help you in setting your post-incorporation formalities with ease. According to the Companies Act, 2013, below are the requirement you need to fulfill within a specific time frame.
10 Post-incorporation Compliances for Private Limited Company
Here is the list of compliances for a private limited company that needs to be taken care of after the registration within a specific time frame. Don’t miss out on them.
Register Official Company Address
You can register the official address at the time of incorporation of the company. Else a company must have to register within 15 days of incorporation. The company needs to inform the registrar about the same by filing a Form INC-22 within 30 days from the incorporation date. It is used as official communication from various authorities.
Hold Meeting of Board of Directors (BODs)
According to Section 173(1) of the Companies Act 2013, the company must arrange a first meeting with the Board of Directors within 30 days of its incorporation. The agenda of the meeting is to elect a chairman, appointment of the first auditor, Register the Company’s address, and statutory register, and disclose the interest of directors.
Appoint the First Auditor of the Company
The auditor must appoint by the BODs within 30 days from the registered date as per Section 139(1) of the Companies Act. If someone is failing in doing the same. Immediately, an extraordinary general meeting needs to be organized to appoint an auditor within 90 days.
Disclose Interest of Directors
As per section 184(1) of the Companies Act 2013, all the directors shall disclose their interest to the company in the BODs meeting. It will further discuss when there is any change in disclosure. According to that, all the directors meet the company’s goal individually and as a whole.
Maintain Statutory Registers
According to the Companies Act, letterheads, billheads, notice letter paper, and other official publications follow certain mandatory information:
Name of the company
Address of the registered office
CIN (Corporate Identity Number) of the company
Phone number
Fax number
Email ID
Website, if any
A company must maintain statutory registers under the registered office as it is subject to penalties.
Applying for Company PAN
The Income Tax Department uses the PAN to track all compliance and filings of an Income Tax Assess using the PAN. PAN is a 10-digit alpha-number character, issued in the form of a laminated card. It requires a PAN for the company to open a bank account, obtain tax registration, file compliances, etc., Hence, the first step post-incorporation of a company is applying for a PAN.
PAN for the company can be applied online. On application, it provides a PAN acknowledgment form and signs the acknowledgment form, and also gets a seal from the Director of the Company. Now, courier the signed document to the NSDL office for processing of the PAN application. PAN acknowledgment copy can be used to open a bank account. Hence, on obtaining the PAN acknowledgment, the process for opening of bank account can be started in parallel.
Open Company Bank Account
One of the compliances for Private Limited Company is to open a bank account within 60 days from the date of incorporation. The account needs to be opened with the company’s name so that the transactions can be recorded easily. Here are the required documents to open the bank account:
Incorporation certificate and Memorandum of Association
Registered office as address proof of the company.
Director’s identity proof alone with authorized signatories PAN card
Resolution of BODs to open an account
PAN allotment letter
Read more about opening a bank account for PLC here.
Issue Shareholder Certificates
The Company has to issue a share certificate to shareholders within 60 days from the date of incorporation. If there is an allotment of additional shares, it issues from the date of allotment. The certificate must include:
Shareholder’s name
Number of share certificate
Face value of the share
Total number of shares purchased
Preference or equity share
Received amount
File Form INC-20A
Once a company receives an incorporation certificate, directors must file an INC-20A Form within 180 days of the commencement of business to MCA. It is a Declaration of Commencement of Business. After that, a company requires a bank account for depositing the share capital subscribed in MOA (Memorandum of Association) by every promoter.
Maintain Books of Accounts
One of the compliances for Private Limited Company is maintaining books of accounts. According to Section 128 of the Companies Act, it is mandatory to maintain proper books of accounts that represent an accurate and fair view of the company’s state of affairs. The double entry rule shall follow along with the accrual basis of accounting.
Annual Compliance for Private Limited Company
The annual compliances for Private limited company need to be filed within 6-8 months after the end of every financial year. However, if you have incorporated your company on or after January month then the first financial year will be of 15 months. The first Annual General Meeting (AGM) is conducted within 9 months from the end of the first financial year. Afterward, the AGM holds within 6 months from the end of the financial year. Form AOC-4 and MGT-7 need to be filed within 30 days and 60 days respectively with the Ministry of Corporate Affairs (MCA) as part of company compliances. In AOC-4, signed audit reports of the financials of the company and board reports are submitted. In MGT-7, a list of shareholders along with details of all Board meetings during the year are submitted. ? ??????? ????????? ???????? provides expert solutions for annual compliances for private limited company.
Conclusion
The global market is dynamic and fluid – companies seeking to expand can definitely leverage a supportive environment. Against this backdrop, it is important to stay aware of laws, rules, and norms that impact the business. We hope we helped you understand how post-incorporation compliances for a Private Limited Company work. Reach out to us ? ??????? ????????? ???????? now for expert assistance!