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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Alliance Tax  Experts which have head office at Vashi Navi Mumbai was incorporated in 2013 by Santosh Patil,(ICA & MBA ) backed by a strong 8 years of Industry experience. From a small setup of 2 professionals and a couple of clients in 2013, today Alliance Tax Experts have a 10+ member team with professionals from diversified backgrounds servicing the needs of over 1200+ clients across Mumbai & Navi Mumbai & all over Maharashtra city.

 

Below are the professional services which Alliance Tax Experts are providing...

 

1)     New Company Registration setup & Consultancy (all types) Proprietor/Partnership/Pvt Ltd/LLP/OPC Company

2)     Register all necessary licenses (depend on business to business)

3)     Handling Pvt Ltd companies compliances (Income Tax, ROC & MCA)

4)     Filing Income Tax Return, Accounting  & Audit

5)     Filing GST Return & Audit

6)     Trademark/FSSAI/IEC Registrations


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