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ROC filing
ROC Compliances
CA. Kavit Vijay

Extension in various ROC filing till 31st August 2021

The Government of India has graciously decided to ease the compliance obligations of the Companies under the Companies Act, 2013 and expended the times lines till 31st August 2021 for various forms to be submitted without additional late filing fees. 

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Mandatory RoC Compliance for Private Limited Companies
Company Law
CA. Kavit Vijay

Mandatory RoC Compliance for Private Limited Companies

In India, when it comes to startup, most of the business entities opt for Private Limited Company formation. The Ministry of Corporate Affairs (MCA) governs the Private Limited Companies in India as per the Companies Act 2013. As MCA suggests, you need to fulfill certain secretarial compliance or RoC compliances within a specific due date to eschew penalties. Wondering what the ROC compliances you need to go through while forming your startup are? Well, you don’t need to worry anymore! Here we are going to share the following details with you, What does RoC compliance mean? Essential RoC compliance for

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LLP Settlement Scheme
Company Law
CA. Kavit Vijay

LLP Settlement Scheme, 2020 | Waiver of Additional Fee for defaulting LLPs

Limited Liability Partnerships (“LLP”) has become a preferred choice over a period of time; Due to benefit of limited liability given along with the flexibility of organizing internal structure as a partnership firm based on mutually arrived agreement.  However, alike companies, LLPs are also required by Limited Liability partnership Act, 2008 (“LLP Act”) to file various information and documents with the Registrar of Companies on a timely basis and non-compliance of same may attract heavy penalty and prosecution against defaulting persons. 1. Existing Non-compliances by LLPs The government found a large default in compliance by LLPs such as default in

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Books of Accounts
Assessments & Scrutiny
CA. Kapil Mittal

Books of Accounts under different Acts| Company Law| Income Tax Act| GST law

Maintenance of books of accounts in any business is one of the most crucial things as it records each and every transaction of company and reflects financial position of the company such as whether company is making profit or incurring losses, assets held by company, liabilities of the company etc. Therefore, for every statutory compliance purpose such as Companies Act, 2013, Goods & Service Tax Act and Income Tax Act, books of accounts is a pre-requisite. In this article, we will have a look at the requirement of different laws related to the maintenance of books of accounts. 1. Books

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Reporting about beneficial interest in shares
Company Law
CA. Kavit Vijay

Reporting about beneficial interest in shares | MGT 6

Shareholders are considered as owner of the company as they invest money into the business and as per Companies Act, 2013 (“The Act”), shareholders are entitled to various rights such as voting right, right to dividend etc. However, in certain cases, person holding shares in his name may not have the beneficial interest in such shares and some other person may have beneficial interest in those shares. Companies Act, 2013 (“The Act”) contains provisions related to reporting about such cases. 1. Meaning of Beneficial Interest (Section 89(10) of the Act) Section 89(10) of the act defines beneficial interest in a

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Annual Return of Dormant Company | Form MSC 3
ROC Compliances
CA. Kavit Vijay

Annual Return of Dormant Company | Form MSC 3

We usually came across many such companies which are not having any operations since incorporation or which ceased to have operation from certain period of time. Companies Act, 2013 (“The Act”) provides provision of Dormant company to deal with such kind of companies. Companies Act, 2013 prescribes simplified return format and other simplified compliance for such company subject to certain restrictions. Provisions of Dormant Company are given under section 455 of the act. 1. Meaning of Dormant Company (Section 455(1) of the act) Any of the following company may obtain status of dormant company by making an application to the

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Appointment of Cost Auditor
Company Law
CA. Kavit Vijay

Intimation of appointment of cost auditor | CRA-2

Companies Act, 2013 prescribes various types of audit based on nature of activities carried out by the company such as Internal Audit, Audit of Financial statements, Cost Audit, secretarial audit etc.  Audit is carried out to verify that whether the information provided by the company is correct or not or whether the company is complying with the provisions of applicable law or not. Similarly, Section 148 of Companies Act, 2013 (“The Act”) read with Companies (cost records and audit) Rules, 2014 (“The Rules”) provides for cost audit and appointment of cost auditor of specific items to be specified by central

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Change in Share holding to be intimated to ROC
Company Law
CA. Kavit Vijay

Companies to Report any change in share holding to ROC with in 30 days in FORM BEN 1 and BEN 2

Shareholders are owners of the company as they invest money into company and are interested in financial position of the company. Companies Act, 2013 specifies multiple decisions which are to be taken by members in Annual General Meeting (“AGM”) or Extra-ordinary general (“EGM”) meeting either through special resolution or ordinary resolution or any other specified manner. If majority of shares are held by any person or particular group of persons then such person or group of persons will become deciding authority by using its majority shareholding. Accordingly, recently Ministry of Corporate affairs has prescribed new reporting requirement for shareholders having

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Registered Office of Company | Form INC-22
Company Law
CA. Kavit Vijay

Registered Office of Company | Form INC-22

Registered office of the company is that place which is used by Registrar of Company (“RoC”) or any other person for the purpose of communicating with the company. Accordingly, Section 12(1) of the Companies Act, 2013 (“The Act”) has mandated that every company must have a registered office which is capable of receiving and acknowledging all the communications and notices addressed to it. A company may not have any such place instantly at the time of incorporation, therefore, section 12 permits that a company may have registered office within 30 days of its incorporation and will have it for all

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Resignation of Auditor | Intimation to ROC | ADT-3 E Form
Company Law
CA. Kavit Vijay

Resignation of Auditor | Intimation to ROC | ADT-3 E Form

Registrar of Companies (“RoC”) is the public body which maintains all information about the companies. Information about resignation of Auditor is one of the crucial information as Auditor is an independent qualified professional who reports about correctness of financial statements of the company to its stakeholders. Therefore, Companies Act, 2013 (“The Act”) contains various provisions that require the company to file intimation with RoC related to auditor. Following forms are required to be file by the company about auditor: ADT-1: Information to the Registrar by Company for appointment of Auditor ADT-2: Application for removal of auditor(s) from his/their office before

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