Every Company should check post incorporation compliance checklist on regular basis in order to avoid hefty penalty imposed by the Companies Act, 2013.
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Post Incorporation Compliance
POST INCORPORATION COMPLIANCE
S.No |
Particulars |
Due Dates |
|---|---|---|
| 01 | First Board Meeting | Holding of first Board Meeting of Directors within 30 days of incorporation of Company |
| 02 | Appointment of First Auditor | Appointment of first auditor in Board meeting within 30 days of incorporation |
| 03 | Disclosures of Interest by Directors/Declaration | Every Director shall in the first Board meeting of the Board in every financial year shall disclose his interest in form MBP-1 and declaration in form DIR-8 The company should take note of it and record it |
| 04 | Subsequent Board Meeting | Holding of minimum four Board meetings in a calendar year and not more than 120 days gap should be there between two meetings
For Small Company, minimum two meetings in each half of calendar year with minimum gap of 90 days |
| 05 | Maintenance of Statutory Registers, Minutes books and records | The Company should maintain statutory registers such as register of members, register of charges, register of directors and KMP, register of loan and guarantee etc.
Minutes of Board meeting and general meeting, Attendance Register, Books of Accounts etc. are to be maintained |
| 06 | Books of Accounts | Mandatory - The company should maintain Books of Accounts in Computer software having the features of having Audit trail and creating Edit log with effective from 01.04.2021 |
| 07 | Opening Current Account | Mandatory – within 180 Days from the date of incorporation |
| 08 | Deposit Share Capital in Bank Account | Mandatory – within 180 Days from the date of incorporation |
| 09 | Declaration of Commencement of Business
Without filing this Form, the company should not commence business |
Mandatory- Form INC-20A to be filed with ROC within 180 days of the date of Incorporation of the company |
| 10 | Issue Share Certificate to Shareholders | Mandatory – within 60 Days from the date of incorporation |
| 11 | Registered address to be filed with ROC if at the time of incorporation, the corresponding address is given | Mandatory – within 30 days from the date of incorporation |
| 12 | Company Name Board to be placed at the outside office premises | Mandatory |
| 13 | Print Letter Heads along with the name of the company, CIN, Address and Contact details and Website Address if any and GST No. | Mandatory |
| 14 | First Annual General Meeting | Within a period of Nine months from the date of closing of the first financial year of the Company |
| 15 | Subsequent Annual General Meeting | Within a period of six months from the date of closing of financial year
Not more than fifteen months shall elapse between the date of one annual general meeting of a company and that of the next; |
| 16 | Appointment of Subsequent Auditor | Will be appointed for 5 years in AGM
And file ADT-1 within 15 days from the date of appointment in Annual General Meeting |
| 17 | Filing of Financial Statements i.e. form AOC-4 | Within 30 days of Annual General Meeting |
| 18 | Filing of Annual Return i.e. form MGT-7 | Within 60 days of Annual General Meeting |
| 19 | Filing of Income Tax Return of Company | 30th of September every year |
| 20 | Directors KYC | 30th of September of every year |
| 21 | E-Form MSME-I | Every Company having outstanding payments dues to micro and small enterprises and in case the payment of the same is pending beyond 45 days, then the Company has to file Form with ROC as per the following timeline:
For April to September by 31st October For October to March by 30th April |
| 22 | E-Form DPT-3 | All the Company having any outstanding loan/amount as on 31st March of every financial year has to furnish details and bifurcation of such outstanding amount irrespective of the fact whether such amount is falling under the definition of deposit or not by 30th June |
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