Can anyone provide me detailed compliances required to be complied by a Public Limited Company during the whole year, including e-forms to be filed in normal course of business with time limit, resolutions need to be passed (Ordinary / Special / Board), Compliance certificates to be obtained, and filing to various other authoeirties like RBI, SEBI.
31 July 2012
E-Forms to be filed with ROC will depend up on the day to day functioning of your Company.For Eg If your Company is appointing,reappointing or changing the terms of appointment of MD then Form 25C&Form 23 is required to file. There is no such Forms which is categorised as to be filed for Public Companies. However the following forms are mandatory Form 23 AC&ACA- with in 30 days of AGM Form 66 -With in 30 days of AGM Form 20 B -SAME every year you have to conduct AGM with in Sep 30th.for this A board meeting should be called to fix date,time for AGM. It is always adviced to get the FormS DDA&24AA signed. In case of any Foreign deposit,you should comply with the RBI Rules.with in 30 days of accepting the fund,intimate RBI about the fund receipt through FCGPR Form and there after Annual Return is required to file with RBI every year with in 15th Of July.
If Your Company's paid up capital exceeds 5 Crores,remuneration to MD/Exe cutive Director should be through the recommendation of remuneration Committee.like wise you should constitute an Audit Committe if paid up capital exceeds 5 Crore. Applicability of SEBI arises only if yours is a listed public Company.For a listed Company Certain data is mandatory to be shown in Annual Report..For this please go through listing guidlines.I hope i have given a draft picture.
Thank you so much for your valuable suggestions, since our company is a public limited co. (subsidiary company) we need to file form 23AC & ACA till Nov 15, 2012 and form 20B has to be filed within 60 days.
Does company require obtaining Compliance Certificate from a Practising Company Secretary, though I am working as a Whole Time Company Secretary of the Company to file Form 66?
or
Can I provide Compliance Cirtificate to the Company in my own name?
Is there any return to be filed with RBI by a public limited Company? (Our company is in real estate business)
03 August 2012
In terms of Section 383A of the Companies Act 1956, a company having a paid up capital Rs. 10 Lakhs or more and which does not require to appoint a Whole time Company Secretary need to obtain a Secretarial Compliance Certificate from a Company secretary in whole time practice. Appointment of whole time Company Secretary is mandatory for those Companies with paid capital of Rs 5 Crore or more.In your case i believe the paid capital is more than 5 Crore In such case you dont have to obtain CC from a practising professional.
Compliance Certificate is mandatory for both Public&Private Companies including subsidiary of Public Company..( CC is based up on Paid up capital Only)
I dont think any return is mandatory on the basis of working on Real Estate Business,Untill and Unless you get any fund from outside in the form of FDI,
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