What annual filings does a private limited company make?

Which forms are filed every year?

For a year ending 31 March the order is the one on the annual compliances page.

• The annual general meeting is held within six months of the year end. The first meeting may be held within nine months.
• AOC-4 follows within 30 days of the meeting.
• MGT-7 follows within 60 days. A small company uses MGT-7A.
• ADT-1 is filed within 15 days of the meeting that appoints the auditor.
• DPT-3 is due by 30 June when the deposit return applies.
• MSME-1 is due on 30 April and 31 October when amounts owed to micro or small suppliers have stayed outstanding for more than 45 days.
• DIR-3 KYC Web for every director who holds a DIN, by 30 June of every third consecutive financial year, and within 30 days of a change in mobile number, email, or residential address.

The first auditor is appointed by the board within 30 days of incorporation and holds office until the first annual general meeting. The members then appoint the auditor. That appointment, not the board’s first appointment, is the one filed in ADT-1. The steps are on the auditor page.

How many board meetings are held?

Section 173 requires at least four board meetings in a year, with not more than 120 days between two meetings. Notice of a meeting is at least seven days.

A small company, a one person company, a dormant company, and a private company that is a start-up may instead hold one meeting in each half of the calendar year, with at least 90 days between them. A small company has paid-up capital up to ₹4 crore and turnover up to ₹40 crore. Paid-up capital and turnover are both tested.

Each director discloses interests in Form MBP-1 at the first board meeting attended, at the first meeting of each financial year, and when the interest changes. MBP-1 is kept by the company. It is not the annual return.

Which filings follow an event?

These are not yearly forms. Each one is triggered by the event.

• A director’s appointment or resignation is DIR-12 within 30 days, on the director page.
• A change of registered office is INC-22 within 30 days, on the registered office page.
• A company with a share capital files a declaration of commencement in INC-20A within 180 days of incorporation, once the subscribers have paid for their shares.

An increase in authorised capital, an allotment, and a charge each have their own form. The authorised capital page covers the capital step. The one-time ACTIVE form from 2019 is not an annual filing.

Does a nil year skip the return?

No. A company with no sales still holds the annual general meeting, unless it is a one person company, and still files AOC-4 and the annual return. Skipping those filings is a ground on which a director can be disqualified under section 164 if financial statements or annual returns are missed for three continuous financial years. The 2020 calendar does not replace these dates.

Frequently asked questions

Four questions cover the first auditor, DIR-3 KYC, board meetings, and INC-22.