Are you aware of the compliance obligations that come with incorporating a company?
It's crucial to comply with one-time, bi-annual, and annual requirements throughout the
fiscal year.
Failure to do so can lead to hefty penalties under the Companies Act, 2013. Stay on top
of your compliance obligations to avoid any legal consequences.
Here we come with a solution to this issue, a Compliance Calendar for the Companies
under the Companies Act, 2013 & FEMA Act, 1999 are categorized as follows:
1. One -Time Compliances of Newly Incorporated Companies
Form Name
Form Description
Due Date
Penalty
INC-20A
Declaration of
Commencement of
Business
Within 180
Additional fess shall be imposed
days of
as per Table-1. Further, a penalty
incorporation 50,000/- will be imposed on the
corporate.
FCGPR
When the Company
receives the foreign
investment, and
against such
investment the
Company will allot
shares to a foreign
investor.
Notice to the
Registrar by the
Company for
appointment of
First auditor
Within 30
days of
allotment of
securities.
INR 5000 or 1 % of the total
amount of investment, which can
up to a maximum of 5 lakh or.
Part thereof for the first six
months of delay and after that
rate will be 2 times.
Within 15
days from
the First
Board
Meeting.
Refer Table-1 of Additional Fee.
ADT-1
2. Half yearly and yearly compliances
Form
Name
Form Description
Due Date
Penalty
DIR-3 KYC
Directors KYC
Before 30th
September of
the following
financial year
No fee is payable up to the
due date of each financial
year. After the due date, a
Penalty of Rs. 5000 shall be
payable.
DIR-8
Intimation by Director of
disqualification under
Section 164 (2) of the
Companies Act, 2013.
Only before
appointment
or reappointment
The company shall be
punishable with fine which
shall not be less than
Rs.50,000/- but which may
extend to Rs.25,00,000
MBP-1
Disclosure of Interest by
Directors.
At first board
meeting for
every financial
year.
If any director of the
Company fails to disclose
his/her interest in other
entities in form, such
director shall be liable to a
penalty of Rs. 1,00,000/-.
DPT-3
Return of Deposits OR
By 30th June of
particulars of transaction every year.
by a company not
considered as deposits as
per Rule 2(1) of the
Companies (Acceptance
of Deposit) Rule, 2014 OR
return of deposit and
particulars of transactions
by a company not
considered as deposits
(unsecured loans, sundry
creditor etc.).
Additional fees as per
Table-1 will be imposed.
Further, a penalty of at
least Rs. 1 crore, or double
the amount of deposits,
whichever is smaller, may
be imposed under Section
73, with a maximum
penalty of Rs. 10 crores.
AOC-4 /
AOC-4
XBRL
Form for filing Financial
Statement and other
documents with the
Registrar
Within 30
days from
conclusion
AGM.
Penalty of Rs. 100 for each
day during which such
failure continues, subject
to a maximum of Rs.
200,000/- in case of a
company and Rs. 50,000/in case of an officer who is
in default.
AOC-4 CFS
Form for filing
consolidated Financial
Statement and other
documents with the
Registrar
Within 30
days from
conclusion
AGM
Same as AOC-4
Form
MR-3
(Applicable
only on
Public
Companies
Submission of Secretarial
Audit Report along with
the Board Report when:
Its total paid-up Share
capital is equal to or
more than Rs. 50 crore or
its annual turnover is
equal to or exceeds Rs.
250 crores
To be
Fine which shall not be less
submitted
than Rs.1 lakh but which
may extend to Rs.5 lakhs.
along with
Board as an
Attachment in
AOC-4
MGT-7/
MGT-7A
Annual Return
Within 60
days from
conclusion of
AGM
Late filing fees is INR 100
per day.
MGT-8
Certificate by a Practicing
Company Secretary. In
case of a listed company
or a company having paid
up share capital of Ten
crore rupees or more or
turnover of Fifty crore
rupees or more
To be
submitted to
ROC as an
attachment of
Form MGT-7
The fine charged on the
company secretary shall
not be less than Rs. 50,000
and might extend to Rs. 5
Lakh
MGT-14
(Applicable
on Public
Companies
)
To be filed by public
company after passing
resolution of approval of
financials statements and
board report in Board
Meeting
Within 30
days from
passing of
board
resolution
Additional fees will be
imposed as per Table -1 of
penalties. Further, a
company shall be liable
with a penalty of 100000.
Within 15
days from
conclusion of
AGM
Refer Table-1 of Penalties
ADT-1 (If
Notice to the registrar by
applicable the Company for
for the said appointment of Auditor
year)
CRA-2
Form of intimation for
appointment of cost
auditor by the Company
to Central Government
(Applicable to the
companies that are
engaged in the
production of goods or
provision of services of
items as mentioned
under Table (A) and Table
(B) of Rule 3 of the
Companies (Cost Records
and Audit) Rules, 2014)
Refer Table-1 of Penalties
Within a
period of 30
days of the
Board
meeting in
which such
appointment
is made or
within 180
days of the
commenceme
nt of the
Financial Year,
whichever is
earlier.
CRA-4
Form for filing Cost Audit
Report with Central
Government
Within 30
days from
Receipt of
cost audit
report
Refer Table-1 of Penalties
The form is to
be filed half
yearly and
within 60 days
from the
conclusion of
each half year
duly.
A one-time penalty of Rs.
10,000.
Additionally, a penalty of
Rs.1,000 per day is
imposed on the company
for continuing default
subject to a maximum of
Rs.2,00,000
on
the
company.
PAS-6
Form for Reconciliation of
(Applicable share capital audit report
on half yearly bases
on Public
Companies
)
FLA
The company shall be
reported its foreign
investment & overseas
investment made during
the previous year
including current year.
By 15th of July Penalty of thrice the
each year.
amount involved in the
contravention in the case
where the contravention is
quantifiable. However, if
the contravention is not
quantifiable, then the
company shall be liable to
pay Rs. 2 lakhs for the
contravention.
● Table-1 of Additional Fee
Serial No.
1.
2.
3.
4.
5.
Delay in Filing
Up to 30 days
Between 30 days to 60 days
Between 60 days to 90 days
Between 90 days to 180 days
More than 180 days
Penalty
2 times of normal fees
4 times of normal fees
6 times of normal fees
10 times of normal fees
12 times of normal fees
Conclusion:
Compliance with Companies Act, Foreign Exchange Management Act and other
applicable Acts are essential for any company's success, and non-compliance can have
severe consequences, including imprisonment for officers in default and the striking off
of the company by the Registrar of Companies.
To avoid such outcomes, it is crucial to appoint professionals who can ensure proper
governance and compliance within the organization.
Furthermore, seeking professional consultation before making significant decisions can
help prevent any potential compliance issues down the line. Stay compliant, stay
successful!
Note:- The due dates mentioned are subject to change as and when notified by the
concerned department.
Source: https://www.manishanilgupta.com/blog-details/roc-compliance-calendar