Annual Compliance for PublicLimited Company

Under the Companies Act 2013 for various requirement and lot of filings required to be undertaken with the Registrar of Companies. To provide a quick of view of such filings, we have compiled the list of requirements under which various filings has to be done. Apart from the filing requirement, the list of documents that are required to be filed is also available.

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For Public Limited Company

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We give you an opportunity to meet the mandatory annual compliances, which is often deferred by the emerging companies leading to detrimental impact on the businesses, at a very affordable rate. Rajput Jain & Associates has been helping more than 500 startups with its real-time IT filing solutions. Our recent survey confirmed that fact: Every 2nd Startup get Income Tax Notice for tax demands or for non-compliance, 3 out of 7 Startups finds place on the default list of Registrar of Companies due to non-compliance, 2 out of 4 Startups incur unnecessary pay-out by way of interests and penalties. This offer would protect your startup from unnecessary taxes, penalties by keeping your business in perfect compliance as you grow. We will assign a chartered accountant dedicated to your filing. He will get in touch with you within 6 working hours for timely annual filings.

Rajput Jain & Associates can help file you file the income tax return, Roc Return, Services Tax Returns , VAT Return’s for your Public limited Company in India.The Public limited Company shouldensure that

  • All its invoices and official correspondence bear the name of the registered Public limited Company.
  • keep accounts and other records which will sufficiently explain the transactions and financial position for 8 consecutive years;
  • File an annual income tax return to show all income earned by the Public limited Company and deductions claimed for expenses incurred in carrying on the Public limited Company business;
  • Monthly, Quarterly TDS, Services Tax , Sales Tax, Excise Compliance to be completed within schedule time frame ;
  • The income tax return of a Public limited Company must be accompanies by the tax compliance and financial statements of the Public limited Company.
  • In certain cases, a Statutory & Tax Audit may have to be conducted by a Chartered Accountant prior to filing the tax return of the Public limited Company.
  • Please note that this offer is for Startups companies with a turnover of less than Rs 10 Lakhs for Financial year 2015-16 (Due date being 30th September 2015) and earlier years. In case you require real time day to day tax and accounting services for the current financial year (FY 2015-16), check out our retainer ship.

What You will get in this offer

  • Financial Statement
  • Statutory Audit Report under Companies Act, 2013
  • Tax Consultancy by a Chartered Accountant
  • Income Tax Return Filing
  • Annual ROC Filing
  • Free tax due-diligence check
  • OTHER: Every Private limited shall comply with

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FREQUENTLY ASKED QUESTIONS (FAQ)

  • What is Annual Return?

    Annual return is a mandatory filing to be made by all Companies in India. The filing along with the required documents must be filed with the Ministry of Corporate Affairs. Filing of annual return with the MCA is different from the filing of annual return with the Income Tax department.

  • What information is contained in the annual return?

    Annual return consists of the balance sheet of the company, profit and loss account, compliance certificate (if necessary), and details of registered office, details of Members, details of shares and shareholding and details of Directors.

  • Who should sign the Annual Return?

    The Annual return of the Company must be signed by the Directors of the Company. The financial statements filed along with the Annual return must be audited and signed by a Chartered Accountant.

  • When is the due date for filing Annual Return?

    Annual return is due before the 30th of September or 6 months from the end of the financial year. In case of newly incorporated Company, an Annual General Meeting should be held within 18 months from date of incorporation or 9 months from the date of closing of financial year, whichever is earlier and an annual return should be filed with the MCA.

  • What is mandatory annual compliance under Company Act 2013 for a private limited company?

    Mandatory forms required to be filed for annual compliance Under Companies Act, 2013:

    • Form AOC-3/AOC-4/Schedule-III for financial statement (including consolidated statement for subsidiary companies) which needs to be filed within 30 days of AGM or when the AGM was due to be held). The financial statement should contain:
      • balance sheet as at the end of the financial year,
      • profit and loss account, cash flow statement,
      • a statement of changes of equity, where applicableand any explanatory note annexed or forming part of the financial statement.
    • Audit & Accounts: Notice of appointment of auditor shall be filed with ROC within 15 days of the meeting in Form No. ADT-1. And auditors are duly auditing the books of accounts:
    • Report on AGM in Form No. MGT.15 must be sent within 30 days of AGM. The report must contain:
      • Minutes of the meeting
      • the day, date, hour and venue of the annual general meeting;
      • confirmation with respect to appointment of Chairman of the meeting;
      • number of members attending the meeting;
      • confirmation of quorum;
      • confirmation with respect to compliance of the Act and the Rules, secretarial standards made there under with respect to calling, convening and conducting the meeting;
      • business transacted at the meeting and result thereof;
      • particulars with respect to any adjournment, postponement of meeting, change in venue; and
      • any other points relevant for inclusion in the report
    • Under Companies Act, 2013 compliance certificate has been replaced with secretarial audit report which has to be submitted along with the Board Report in Form No MR.3.
    • Annual Return : Every company shall prepare an annual return in Form No. MGT-7 to be signed by a director and to be filed with the registrar within 60 days of AGM with following attachments:
      • Duly signed annual return
      • List of directors
      • List of shareholders
      • List of transfers that took place during the year
    • Further the same should be certified by a Company Secretary in practice in Form No. MGT-8 if its paid-up capital is Rs. 10,00,00,000 (ten crores) or more. A private company having its paid-up share capital worth 5,00,00,000 (five crores) or more must appoint a whole-time company secretary. Copy of annual return to be kept at registered office.
    • The extract of the annual return to be attached with the Board’s Report shall be in Form No. MGT-9. Copy of annual return shall be preserved for a period of 8 years.
    • Requirement of Audit: All companies are required to get their books of account audited. The report need to be prepared as per the accounting standards and according to Section 143 of the Companies Act, 2013..The accounting standards under the Companies Act, 2013 have not been notified (as of 15 April, 2014) and the Companies will have to follow the existing accounting standards.
    • Essential statutory registers / books to be maintained under Companies Act, 2013 :In addition to the books of accounts, registers of certain particulars that are prescribed under the Companies Act must be maintained by a company. A complete list is provided below:
      • Books of Accounts
      • Cost Records
      • Proceedings of General & Board Meetings (Minutes)
      • Register & Index of Members
      • Register of Beneficial Owner
      • Register of Charges
      • Register of Debenture holders
      • Register of Directors and Key Managerial Personnel
      • Register of Directors’ Shareholding.
      • Register of Foreign Members
      • Register of Inter Corporate Loans & Investments.
      • Register of Security holders
      • Register of Contracts in which Directors are interested
      • Register of Investments not held by company in its own name
      • Register of Renewed & Duplicate Share Certificates
      • Register of Securities bought back
      • Register of loans, investments, guarantees and securities
      • Register of members: Every company shall keep & maintain a register of members at its registered office in Form No MGT-1.
    • File Sales Tax (VAT) Returns every Quarter within the due dates

      Due dates

      • 25 July - for April to June
      • 25 October - for July to September
      • 25 January - for October to December
      • 25 April - for January to March

      File Service Tax Returns every Half Year ( every 6 Months)

      Due dates

      • 25 October - for April to September and
      • 25 April - for October to March

      Income Tax Return every year before

      Due dates

      • 30th Sep if your Turnover is More Than 1 Crore - ServiceTurnover More than 25 Lakhs

      What to do for Annual Compliance

      • Maintain Proper Books of Accounts as per requirement of company Act 2013.
      • Prepare and File Balance Sheet with RoC, File TDS, Income Tax Returns with Income Tax Department.
      • Comply with Sales Tax and Service Tax Requirements.
      • Get your accounts Audited by Chartered Accountant in Compliance with Tax audit and statutory Audit as per requirement of the LLP.

      Non Compliance Penal Consequence

      • Late filing or non-filing of Annual Return before the due date will attract a penalty 12 Times of Normal Fees.
      • Late filing or non-filing of Sales tax, Services Tax return before the due date will attract a penalty,
      • Non Compliance of Income tax Act provision will may attached Penal action,
      • Further, the LLP cannot be wound-up or closed without filing of the return.
  • What is the procedure for filing Annual Return?

    Annual return can be prepared and filed by a Professional online through the MCA's E-Filing portal. Rajput Jain & Associates Financial Expert can help you with e-filing your Company's annual report.

    Annual Return under Companies Act, 2013: Every company shall prepare a return (hereinafter referred to as the annual return) in Form No.MGT-7 containing the particulars as they stood on the close of the financial year.

    Extract of Annual Return: An extract of the annual return in Form No MGT-9 shall form part of the Board’s report.

    Filing of Annual Return: Every company shall file a copy of the annual return with the Registrar. Preservation of annual return: Copies of all annual returns and copies of all certificates and documents required to be annexed thereto shall be preserved for a period of 8 years from the date of filing with the Registrar.

  • What is the penalty for non-filing of annual return?

    If a company fails to file annual return with the Registrar of Companies (RoC) within the specified time, then the Company shall be liable to pay a penalty till filing of the return. The amount of penalty will depend on the number of days in default. till the default continues.

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Rajput Jain & Associates

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Private Limited Companies are those types of companies where minimum number of members is two and maximum number is two hundred. A private limited company has the limited liability of members but at the same time it has many characteristics as those of a partnership firm. A private limited company has all the advantages of partnership namely flexibility, greater capital combination of different and diversified abilities, etc., and at the same time it has advantages of limited liability, greater stability and legal entity. In this sense, a private limited company stands between partnership and widely owned public company. Identifying marks of a private limited company are name, number of members, shares, formation, management, directors and meetings, etc., The maximum number of directors shall have to be mentioned in the Articles of Association. In the grand of privileges and exemptions, the Companies Act has drawn a distinction between an independent private company and other private company which is a subsidiary to the other public company.

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