Mandatory Annual Filings
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Comparison Basis | Private Limited Company | Llp | Sole Proprietor |
---|---|---|---|
Raising Fund | ✓ | ✕ | ✕ |
Start-Up India Recognition | ✓ | ✓ | ✕ |
Complince Cost | ✓ | ✓ | ✕ |
Suited For | Growing Startup | Service Provider | Small Business |
Taxation Benefit | ✓ | ✓ | ✕ |
Yes, RoC compliance for personal Limited Companies is necessary for every registered company. regardless of the total turnover or the capital amount, the corporate must comply with the annual compliance requirement. The annual compliance is due after the AGM of the corporate since its first financial year.
Since July 2018, companies failing to follow the statutory compliance for personal Limited will be charged ₹100 for each day of a delay till the exact date of filing. There’s no ceiling limit to an additional fee. For continuous failure, penalties aside from the additional Government fee can be charged to both – the company and directors, including imprisonment.
Audited financial statements are necessary for each company since its incorporation. the corporate must file the audited statements only. Also, the non-audit of monetary statements is not an excuse to delay the annual filing.
A company can opt to assign a statutory auditor either for a period of five consecutive years or till the end of the next AGM. Therefore, a meeting of the statutory auditor cannot be regarded as a part of annual compliance.
As per the Business Act, 2013 it’s required to submit the signed Director Report for every financial year with MCA by filing an annual return of the company. The Director Report is taken into account as an attachment for the form MGT-7.
Form ADT-1 is required to be filed for the appointment or replacement of the Statutory Auditor.
MGT-9 is an attachment to the company’s director report which is an extract of MGT-7 and addresses the subsequent:
Such intimations are often made through filing MGT-7 by the company.
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