Company Law
Companies and LLPs must make periodic filings with the Registrar of Companies and maintain prescribed records. Chirde and Associates, Chartered Accountants, assists with incorporation and with the ongoing compliance required under the Companies Act, 2013, the LLP Act, 2008 and related regulations. Filing requirements, forms and timelines are revised by the Ministry of Corporate Affairs from time to time, and we work from the position in force at the time of filing.
Incorporation and ongoing compliance
- Company and LLP incorporationName approval, preparation of incorporation documents, and filing with the Registrar through the MCA portal.
- ROC annual filingsPreparation and filing of annual financial statements and annual returns for companies and the equivalent filings for LLPs.
- MCA complianceDirector KYC, auditor appointment, event-based forms for changes in directors, capital, registered office and charges.
- Secretarial recordsDrafting notices, agendas and minutes of board and general meetings, and maintaining statutory registers.
- Share capital mattersAllotment, transfer and transmission of shares, and related filings and records.
- FEMA and RBI basicsReporting of foreign investment and other transactions covered by the Foreign Exchange Management Act, with filing through RBI's prescribed system.
- Compliance calendarA schedule of the entity's filing due dates, shared in advance to help track upcoming compliances.
- Closure and strike-offAssistance with striking off a company or closing an LLP that is no longer carrying on business, subject to conditions in law.
From review to filing
Review the entity
We examine the constitutional documents, past filings and the MCA master data to identify what is due and what is pending.
Prepare the documents
Resolutions, forms, attachments and financial statements are prepared for approval by the directors or partners.
Sign and file
Filings are made through the MCA portal using the digital signatures of the authorised persons, and the acknowledgement is shared with you.
Maintain records
Filed forms, registers and minutes are kept in an organised file, and the compliance calendar is updated.
Entities and situations covered
- Entrepreneurs planning to incorporate a company or LLP
- Private limited companies and LLPs needing annual ROC compliance
- Companies with foreign investment or overseas transactions
- Entities with filings pending from earlier years
- Promoters who need to maintain minutes, registers and share records
- Owners of dormant entities considering closure
Frequently asked questions
Should I choose a company or an LLP?
The choice depends on the number and type of owners, funding plans, compliance appetite and tax treatment. Each has different filing requirements and costs of compliance. We can explain the differences for your case.
What annual filings does a private limited company usually make?
Typically these are the financial statements and the annual return filed with the Registrar. Other forms, such as those for the appointment of an auditor or directors' KYC, are filed at intervals or on particular events. Forms and timelines can change, so please verify on the MCA portal.
What happens if a filing is delayed?
The law provides for additional fees on late filing and, in some cases, penalties on the company and its officers. The amounts and conditions are as prescribed under current law. Filing at the earliest also helps to avoid other consequences such as disqualification of directors in specified cases.
When is reporting to the RBI under FEMA required?
Reporting is generally required for certain transactions such as receipt of foreign investment, issue or transfer of shares to non-residents, and overseas borrowings, within the timelines prescribed under the FEMA regulations. Please verify the applicable form and timeline for your transaction.
Can a company that is no longer operating be closed?
A company may apply to the Registrar for removal of its name from the register if it satisfies specified conditions, such as not having carried on business for a prescribed period. An LLP can also apply for striking off. Conditions apply, so please verify against current law.
Discuss a company law requirement
To discuss a company law requirement, write to us at [email protected] or visit our Nagpur or Yavatmal office.