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post incorporation compliances

Shailvi Agarwal (COMPANY SECRETARY) (184 Points)

15 July 2017

i hv incorporated a pvt ltd co. in march 2017 having a paid up capital of 25 lacs..please guide me regarding the post incorporation compliances..also guide regarding maintainance of registers and records..

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Ebin Varghese (CS) (186 Points)
Replied 17 July 2017

Compliances for Private Limited Companies After Incorporation

Registered Office

The company is required to file a verification of the registered office with the Registrar of Companies within a period of 30 days of its incorporation in form INC-22.

The Company must paint or affix its name, and the address of its registered office, and keep the same painted or affixed, on the outside of every office or place in which its business is carried on, in a conspicuous position and in legible letters. This board must be in one of the languages in general use in that locality

Get its name, address of its registered office and the Corporate Identity Number (CIN), along with telephone number, fax number, if any, e-mail and website addresses, if any, printed in all its business letters, billheads, letter papers and in all its notices and other official publications

Letterhead & Seal

Mandatory particulars on the letterhead i.e. company identification number (CIN), registered office address, email ID of the company, website address, if any, and telephone number.

The Common Seal should have the name of the company and state in which the registered office is situated engraved in legible characters.

Statutory Registers and Minutes Book

The Company should maintain statutory registers and Minutes Book and should update the same.

First Board Meeting

The Board of Directors of the company to hold a board meeting (see above) within 30 days from the date of registration of the company

Appointment of Auditor

One of the first orders of business after having obtained your company’s Certificate of Incorporation is the appointment of the first auditor of the company. Within 30 days from the date of registration of the company, the Board of Directors must call a board meeting and appoint an auditor for the company. In case the Board fails to appoint an auditor within the above timeline, it is required to inform the members of the company, who may then within 90 days of such intimation, appoint the first auditor of the company at an Extraordinary General Meeting. The tenure of the auditor so appointed is to be till the conclusion of the first Annual General Meeting.

Disclosure of Director’s Interest and Declaration Regarding Disqualification

At the first meeting of the Board of Directors the directors of the company will be required to disclose their concern or interest in other companies or bodies corporate, firms or other associations of individuals and declare that directors are not disqualified (as per Section 164). These disclosures are to include directorship and shareholding. This is an ongoing compliance as well; directors must disclose their other interests from time to time as required by the Companies Act.

Holding of Annual General Meeting

Every Company must hold a general meeting in each year apart from other meetings as Annual General Meeting (AGM).

Every Company must have to hold in addition to other meetings, by giving a notice about the meeting, not more than 15 months in between the date of AGM to the next. A Company may hold its first AGM within the period of 9 months from closing of its first financial year otherwise in other cases within the period of 6 months. [Section 96(1) of the Companies Act,2013]

As per the above , if a company hold its meeting, then it has no need to call an AGM in the year of its incorporation

Filing of Annual Financial Statements and Annual Return

Filing of Annual Financial Statements

copy of the financial statements, including consolidated financial statement, if any, along with all the documents which are required to be or attached to such financial statements under this Act, duly adopted at the annual general meeting of the company, shall be filed with the Registrar within thirty days of the date of annual general meeting in such manner, with such fees or additional fees as may be prescribed within the time specified under section 403

Filing of Annual Financial Statements

Every company shall file a copy of the annual return with the Registrar within 60 days from the date on which the AGM is held.