Which compliances does a private company keep every year?
A private company keeps its name and registered office painted or affixed outside every office, holds the board meetings the Act requires, and each year files its financial statements in Form AOC-4 within 30 days of the annual general meeting and its annual return in Form MGT-7 within 60 days of that meeting. A director’s KYC is not a filing on 30 September. It is Form DIR-3 KYC Web, due by 30 June of every third consecutive financial year.
What is kept up all year?
Section 12 requires the name and the address of the registered office to be painted or affixed outside every office or place where the business is carried on, in a conspicuous position and in legible letters. Business letters, billheads, and letter papers carry the name, the registered-office address, the corporate identity number, the telephone number, the email, and the website if the company has one.
The first board meeting is held within 30 days of incorporation. After that, the ordinary rule is at least four meetings a year, with not more than 120 days between two meetings. A small company, and a private company that is a start-up, may hold one meeting in each half of the calendar year, at least 90 days apart. Notice is at least seven days. How the meeting is called is on the board-meetings page. Share certificates for the subscribers are issued within two months of incorporation, and certificates for a later allotment within two months of the allotment. Each director discloses an interest at the first board meeting of the financial year and again when the interest changes.
Which forms follow the annual meeting?
The annual general meeting is held within six months of the year end. For a year ended 31 March the ordinary last day is 30 September, unless the Registrar has extended it. Form AOC-4 follows within 30 days of the meeting. Form MGT-7 follows within 60 days. A small company files MGT-7A instead of MGT-7. The income-tax return of a company is ITR-6, due on 31 October, or on 30 November if section 92E applies. Those dates are not the dates of AOC-4 or MGT-7. The form calendar is on the annual compliances page.
DPT-3, the return of deposits, is due by 30 June when the company has the particulars that form asks for. MSME-1 is due on 31 October and 30 April when amounts owed to micro or small suppliers have stayed outstanding for more than 45 days. A director who holds a DIN files the KYC intimation by 30 June of every third year, and within 30 days of a change of mobile number, email address, or residential address. That rule is on the DIR-3 KYC page.
Which filings wait for an event?
An appointment or a change of director is filed when it happens, in Form DIR-12. A change of the registered office, a change of name, and an increase of authorised capital are each their own filing. They are not part of the yearly set. The first auditor is appointed by the board within 30 days of incorporation, and the notice of appointment is Form ADT-1 within 15 days of the appointment. None of these filings is priced on this page. The filing carries the government fee, and a delay draws an additional fee.
Frequently asked questions
Four questions cover DIR-3 KYC, MGT-7A, a small company’s board, and share certificates.
Is DIR-3 KYC due on 30 September?
No. A director who holds a DIN files Form DIR-3 KYC Web by 30 June of every third consecutive financial year. A change of mobile number, email, or residential address is filed in the same form within 30 days.
Does a small company file MGT-7?
No. A small company and a one person company file the shorter annual return, MGT-7A. Other private companies file MGT-7.
Are four board meetings compulsory for a small company?
No. A small company may hold one meeting in each half of the calendar year, with at least 90 days between them. The ordinary rule remains four meetings, with not more than 120 days between two meetings.
Is a share certificate issued within two months?
Yes. Certificates for the subscribers to the memorandum are issued within two months of incorporation, and certificates for a later allotment within two months of the allotment.
Sources
The yearly accounts and annual return are sections 137 and 92 of the Companies Act, 2013. Board meetings are section 173. The display of the company’s name is section 12.