04 Oct
11 Post incorporation compliances for Private Limited companies
11 Post-incorporation compliances for
Private Limited companies
Once a company is incorporated, we forget the various compliance we need
to adhere to. Obtaining a Corporation Certificate for a series of compliance
from time to time under various laws of the Company in India is only a starting
point. Failure to comply may result in penalties and penalties for the director
and the company.
The following basic requirements must be followed when a company is
incorporated. Further, compliance may vary, depending on the type and nature of
the business organization.
1.
First board meeting
The Companies Act, 2013 requires the company to hold its first board
meeting within 30 days of its incorporation. This meeting will be held to
discuss business activities, registered office, auditor, etc. The first board
meeting held briefly emphasizes the method of starting the business for which
it has been included in compliance with other secretaries.
2.
Filling INC-22
Filling out INC-22 is mandatory only when the company is included, the
correspondence address is given instead of the registered address.
Evidence required:
1. With premises rental agreement or NOC utility bills where premises are
rented or
2. Sales transactions where the space is owned.
The form must be filed within 30 days of submission
3.
Opening bank accounts
Opening a bank account is very important as promotors will be brought in
to incorporate their capital into the company.
4.
Filing INC-20A
The Companies (Amendment) Ordinance, after the commencement of 2019 and
every company having shareholding shall not start any business or exercise its
borrowing rights unless the application is submitted to the Registrar within
180 days after its incorporation, the Director declares in the form. Saying
that all shareholders have brought to the capital as agreed in the MOA.
This means that all shareholders are required to bring their capital 180
days after their incorporation. Failure to bring the capital within 180 days
may result in fines and penalties.
5.
Distribution of shares and issuance of share certificates
Once the application amount is received (the capital prescribed by the
customer in the reminder), the shares are allotted to the customer within 60
days. Pass the board resolution for allotment of shares and file PAS-3 within
30 days of allotment.
To issue a share certificate, hold a board meeting and issue the shares
within 2 months from the date of allotment. Share certificates will be as per
Form SH-1. The company will attach a shared seal to the share certificates and
the signatures of the two directors.
6.
GST registration
Obtain GST Registration Certificate separately if not submitted with
Spice + Form (in Form AGILEPRO).
7.
Appointment of the first auditor and filing of ADT-1
The Board of Directors at its first board meeting shall appoint the first
auditors of the company within 30 days who remain in office till the conclusion
of the first annual general meeting of the company.
Once the auditor has been appointed, submit Form ADT-1 within 15 days of
appointment.
8.
Printing of letterheads
Pursuant to Section 12 (3) (c) of the Companies Act, 2013, each company
shall print its letterheads and billheads and letter papers and all its notices
and other official publications along with the name of the registered office,
corporate identification number. (CIN), telephone number, fax number, e-mail
and website addresses
9.
Ordinary seal and rubber stamp
Get a common seal and rubber stamp in the company name.
10.
Obtaining shop and establishment licenses.
Since the company is a legal entity and a form of commercial
establishment, registration under the Shops and Establishments Act is
mandatory.
11.
PT, ESIC, PF licenses etc.
Obtaining licenses (when and when an incident occurs) is mandatory under
various other laws.
The author can be contacted at santoshpatil@alltaxfin.com or 9769201316
Disclaimer: This article is for informational purposes only and should
not be taken as legal advice. Readers should consult competent professionals
before acting on any of the information provided here
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