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Annual Compliance

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1. Annual Compliance


A Board Meeting is a formal meeting of directors to make important decisions like approving accounts, appointing auditors, and policy decisions.

▪️Requirement:

⭕First Board Meeting → Within 30 days of incorporation.
⭕Minimum 4 meetings every year.
⭕Gap between 2 meetings should not exceed 120 days.

▪️Process:

⭕Notice of meeting must be sent 7 days before.
⭕Minutes must be recorded and signed.
▪️Why important? Ensures directors are actively managing the company as per law.
▪️Penalty for Non-Compliance: ₹25,000 for company + penalty on directors.

2. Annual General Meeting (AGM)


▪️Meaning: Meeting of shareholders where company presents its annual performance.

▪️Requirement:

⭕First AGM: Within 9 months from financial year end.
⭕Thereafter: Within 6 months from financial year end (not more than 15 months gap between two AGMs).

▪️Agenda:

⭕Approval of audited financials.
⭕Appointment/reappointment of auditor.
⭕Declaration of dividend.
▪️Why important? Provides transparency to shareholders.
▪️Penalty: ₹25,000 for company + ₹5,000 on each officer.

3. Filing of Financial Statements (Form AOC-4)


▪️Meaning: This is the electronic filing of Balance Sheet, Profit & Loss, Board Report, CSR Report (if applicable) with MCA.
▪️Due Date: Within 30 days of AGM.

▪️Attachments:

⭕Audited financial statements.
⭕Auditor’s report.
⭕Board report.
▪️Why important? Keeps company’s financials publicly accessible on MCA portal.
▪️Penalty: ₹100 per day of delay (no maximum limit).

4. Filing of Annual Return (Form MGT-7/MGT-7A)


▪️Meaning: Annual return is a snapshot of company’s structure, shareholding, directors, and key changes during the year.
▪️Due Date: Within 60 days of AGM.

▪️Details covered:

⭕Shareholding pattern.
⭕Director & KMP details.
⭕Changes in share capital.
▪️Why important? Establishes corporate transparency.
▪️Penalty: ₹100 per day of delay (no maximum cap).

5. Director KYC (DIR-3 KYC)


▪️Meaning: Every director must update their mobile number and email with MCA once a year.
▪️Due Date: By 30th September.

▪️Process:

⭕OTP verification of mobile & email.
⭕If filed once, from next year web-based confirmation is allowed. ▪️Penalty: ₹5,000 per director. DIN also gets “Deactivated” until payment.

6. Appointment of Auditor (Form ADT-1)


▪️Meaning: Companies must appoint a statutory auditor for 5 years. Filing is done in ADT-1.
▪️Due Date: Within 15 days of AGM.
▪️Why important? Auditor is responsible for certifying financials.
▪️Penalty: Company may face penalties starting from ₹25,000.

One Person Company (OPC)


1. Board Meetings


⭕If only 1 director → No meeting required.
⭕If more than 1 director → At least 1 meeting in each half-year (gap ≥ 90 days).
⭕Ensures decisions are properly recorded.

2. Annual Filing of Financial Statements (AOC-4-OPC)


▪️Due Date: Within 180 days of financial year end (by 27th September).
▪️Simplified requirement compared to Pvt Ltd.
▪️Penalty: ₹100 per day of delay.

3. Annual Return (MGT-7A)


▪️Due Date: Within 60 days of financial year end (by 30th May).
▪️Covers: basic details of directors, shareholders.
▪️Penalty: ₹100 per day.

4. Director KYC (DIR-3 KYC)


Same as Pvt Ltd.
▪️Due Date: 30th September.
▪️Penalty: ₹5,000 per director.

Limited Liability Partnership (LLP)


1. Annual Return (Form 11)


▪️Meaning: Contains details of partners, contribution, and changes.
▪️Due Date: 30th May every year.
▪️Penalty: ₹100 per day (no maximum). Even NIL LLP must file.

2. Statement of Accounts & Solvency (Form 8)


▪️Meaning: Declaration by partners that LLP is solvent & true accounts are maintained.
▪️Due Date: 30th October every year.
▪️Penalty: ₹100 per day.
▪️Includes: Balance Sheet, P&L, solvency declaration.

3. Designated Partner KYC (DIR-3 KYC)


▪️Same as company directors.
▪️Due Date: 30th September.
▪️Penalty: ₹5,000 per DP if delayed.

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