February 28, 2019

Compliance for companies registered under ROC

Formation and running of the company were used to be an easy process under Companies Act, 1956 as annual ROC compliance were not multiple and also registrar of company (“ROC”) did not used to take any strict action against defaulter.

Therefore, list of defaulting companies was getting longer every day.

However, after introduction of Companies Act, 2013, with the objective to increase transparency and to minimize non-compliance, ROC started using various parameters to confirm genuineness of a company and started striking off name of company which are not operating from a long time and also which didn’t appear genuine to ROC.

In previous period, name of thousands of defaulting and non-operating companies were strike off by ROC.

Also, new company law contains stringent penal provisions for non-compliance and in case of default; company as well as key managerial personnel are liable to be panel provisions.

In line with the same, recently various new amendments have come into effect under the Companies Act, 2013 requiring companies registered under ROC to report certain additional information to annual ROC compliance to maintain active status and non-compliance thereof lead to heavy penalty in monetary terms and other non-monetary penal consequences also.

Accordingly, considering the increasing complication and number of compliances for private limited companies and other types of companies registered under ROC, we have tried to compile all ROC compliances and forms required to file by a companies covered under Companies Act 2013 along with ROC compliance due dates.

There are certain forms to be filled only one time for FY 2019-20 and there are certain forms to be filled with ROC on periodic basis.

1. List of One time and Event based compliance’s under Company Act 2013

Form	Applicability	Due Dates
One time return in form DPT-3	Every company other than government company having outstanding receipt of money or loan which is not considered as deposit from 1st April, 2014 to 22nd January, 2019	22nd April, 2019
FORM INC – 20A	Every company having share capital and incorporated on or after 2nd November , 2018	Within 180 days from incorporation
Form INC-22A	Every company incorporated on or before 31st December, 2017 provided such company has not failed to file any Form AOC-4 or MGT-7	25th April, 2019
DIR-3 KYC	Every director for the year ended 31st March, 2019	30th April, 2019
Periodical DPT-3	Every company other than government company having deposits or transactions not considered as deposit	30th June, 2019
ADT – 1	Every company for the purpose of intimation of appointment of auditor to the registrar	15 days from the date of appointment
ADT – 3	Resignation by Auditor	Within 30 days of resignation
NFRA-1	Notice to the Authority by a body corporate regarding its auditor	1. Within 30 days from the date of deployment on MCA Portal For all existing body corporates other than those covered by NFRA Rules 2. Within 15 days of appointment of auditor – For other body corporates not being incorporated under Companies Act, 2013 or earlier Acts or governed by NFRA Rules
AOC – 5	Keeping books of account and other relevant books and papers and financial statement at a place other than registered office	Within 7 days of Board passing resolution to keep such books of account at other place
MGT – 14	Filing of Resolutions u/s 117	Within 30 days from passing of the Resolution (including special resolution)
PAS 3	Allotment of Shares	Within 15 days of allotment
INC 22	Change in Registered Office of the company	Within 30 days of the change
DIR 11	Resignation by Director	Within 30 days of the resignation
DIR 12	Change in Directors	Within 30 days of the change
BEN – 1	Declaration of significant beneficial ownership in shares	1. 9th May 2019 (i.e. within 90 days from 8th Feb 2019) 2. Within 30 days in case of change in such ownership thereafter
BEN – 2	Return of significant beneficial owners in shares	Within 30 days from receipt of Form BEN 1 or the date of deployment of form on MCA portal whichever is earlier.
MGT – 6	Declaration of Beneficial Interest	Within 30 days of receipt of declaration in MGT 4 / MGT 5

2. List of annual ROC compliance under Company Act 2013

Form	Applicability	Due Dates
MSME Form 1 (Transitional Form)	All companies which have accepted supplies of goods or services from MSME and payment for such supplies is outstanding for more than 45 Days	30 days from date of deployment of such form on MCA Portal
MSME Form-I (October-March)	All companies which have accepted supplies of goods or services from MSME and payment for such supplies is outstanding for more than 45 Days	30th April of every year
DIR-3 KYC	Every director for the year ended 31st March, 2019	30th April, 2019
Periodical DPT-3	Every company other than government company having deposits or transactions not considered as deposit	30th June, 2019
MSME Form-I (April-September)	All companies which have accepted supplies of goods or services from MSME and payment for such supplies is outstanding for more than 45 Days	By 31st October of every year
AOC-4	Every company is required to file for the purpose of filing of financial statement and other documents with the registrar of company	30 days from date of Annual General Meeting (“AGM”)
MGT-7	Every company is required to file for the purpose of filing ROC annual return with registrar	60 days from date of AGM
CRA 2	Appointment of Cost Auditors, if applicable	Within 30 days from appointment or within 180 days of the commencement of the financial year
Yet to be specified	Annual Return by Auditors of Companies Covered under NFRA	30th April
MSC 3	Annual Return of Dormant Company	30th April

Due dates chart can be accessed under “Compliance calendar”.

Know more about are Seceterial Compliances services.

DISCLAIMER: The views expressed are strictly of the author and VJM & Associates LLP. The contents of this article are solely for informational purpose. It does not constitute professional advice or recommendation of firm. Neither the author nor firm and its affiliates accepts any liabilities for any loss or damage of any kind arising out of any information in this article nor for any actions taken in reliance thereon.

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