@ INR 9,999
In countries like India where entrepreneurship is highly encouraged. One Person Company is one of the most leading forms of business for entrepreneurs whose business lies in an early stage with an intention to grow in future. A One Person Company comprises one shareholder as its member which indicates that it is managed and controlled by only a single person. Moreover, One Person Company is entitled to various privileges that other forms of business do not hold.
As to adhere with the rules and regulations, One Person Company is needed to maintain annual compliance according to Income Tax Act and Companies Act. The filing of yearly return and income tax returns is mandatory for one person company. It is simple and cost effective in terms of compliance to enlist as an OPC when contrasted with public or private.
As each OPC needs to indicate ROC with respect to the assets, liabilities, income and expenditure of the business every year, it becomes mandatory for OPC to do the compliances. In the event that the business neglects to do so, heavy penalties and fees are imposed for non fulfillment of annual compliances for OPC. In India, OPC can be enlisted uniquely as a Private Limited Company. Hence all the lawful arrangements which are relevant on Private Limited Company are likewise appropriate on OPC. Therefore, annual compliance for One person Company is obligatory.
Documentation required for Annual Compliance for OPC
To fulfill the annual compliances requirement OPC needs to go through some of the following yearly compliances-
Appointment of a proficient auditor for OPC
As per provisions of Section 139 of the Companies Act 2013 Appointing a proficient auditor is mandatory for One Person Company. The company’s annual sales, expenditure, profit and loss and other details are assessed by a trained auditor. Evaluator will analyse the books of accounts and issue Statutory review reports.
Filing of ROC Annual Return
OPC is required to file an ROC Annual Return within 60 days.. ROC Annual Return will be determined from first April to 31st March in MGT-7 form. There is a penalty of Rs 100/ - every day in case of non fulfillment. Each key individual from the organization and who is in the default will be regarded for paying a heavy penalty of Rs. 50,000 and furthermore the late charge of Rs. 100 every day if the default proceeds.
Statutory Audit for OPC
Contrasting from Private Company Limited, OPC is needed to get its books of accounts examined by a Chartered Accountant firm. OPC will keep up its books of record at its enrolled office. Under OPC Statutory Audit , CA Firm will give review report certification. Form AOC 4 is utilized by OPC to record their yearly fiscal summaries to ROC. A massive penalty of Rs 100 every day on delay in documenting Form AOC 4 is levied. Moreover, a sum of Rs. 1000 every day of default is charged from the organization which can go most extreme up to Rs. 10,00,000.
DIN KYC of Director
Form DIR-3-KYC or DIR-3 KYC-WEB for the given monetary year prior to 30th September of the next coming year is required to be submitted by every individual holding a DIN/DPIN as on 31st March of the financial year.
eForm DIR-3 KYC - who is filing his KYC for the first time and who possesses DIN.
DIR-3 KYC-WEB - A web service used by DIN holders who have submitted DIR-3 KYC eform in the prior accounting period and if no update is required. Penalty- Rs. 5000/-
Income Tax Filing
All companies whether private or public are obligated for Income Tax Return Filing. Each OPC enlisted in India needed to file ITR. ITR is one the most essential requirements for annual compliance for OPC regardless of whether OPC has not. Amount of Rs. 10000/ as a fee will be imposed in regard to non filing of ITR.
A One Person Company is an element getting a charge out of a different personality which requires keeping up its dynamic status through the standard recording with MCA. For each organization, it is mandatory to document a yearly return and examined budget summaries with MCA for each money related year. The RoC recording is obligatory regardless of the turnover, whether it is zero or in crore. Whether a single transaction is undertaken or none, annual compliances for OPC are mandatory for every registered company. Both the forms are filed to report the activities and financial date for concerned Financial Year. The due dates for yearly annual filing of a Company depend on the date of the Annual General Meeting. The continuous failure may lead to the removal of the company’s name from RoC’s register, including disqualification of directors. Also, it has been observed that MCA has actively taken bold steps for dealing with any such failures.
There are numerous benefits of a OPC company such as limited liability protection, easy to raise fund from venture capitalist and continuous existence while the confidence of the community come at the cost of increased annual compliance. It is mandatory for business owners to comply with Companies act, Income tax, GST & State Laws. In addition to the ROC compliances, Companies have to submit income tax returns every year by 30th September. From the year 2018, the compliance requirement has been increased now for OPC companies. There are various advantages of a OPC company, for example, limited liability protection, simple to raise support from financial speculator and ceaseless presence while the certainty of the network come at the expense of expanded yearly consistence. It is required for entrepreneurs to comply with Companies act, Income Tax Act, GST and State Laws. Notwithstanding the ROC compliances, Companies need to submit annual filing forms each year by 30th September. From the year 2018, the consistence necessity has been expanded now for OPC Companies. We guarantee to meet the corporate compliances on time as and when they are expected.
First Statutory Auditor has to be appointed within 30 days of incorporation in first board meeting Subsequent auditors will be appointed for 5 years in AGM
Form ADT-1 is filed for a 5-year appointment. After that every year in AGM, Shareholder ratify the Auditor but there is no need to file ADT-1.
Every Company is required to file its Balance Sheet along with statement of Profit and Loss Account and Director Report in this form within 30 days of holding of Annual General Meeting. It is mandatory for every Section 8 Company. Company to hold an AGM in every Calendar Year
Every Section 8 Company shall file its Annual Financial Statements including its Balance Sheet, Statement of P&L Account and Directors Report within 30(Thirty) days from the date of its Annual General Meeting
Within six months of the balance sheet date, together with the financial statements (Article 23a (3) and (5) of the Act on Accounting). The auditor's report and the supplement to the auditor's report should be understood as one report.
Directors’ Report is to be filed covering all the information required for Small Company under Section 134. It should be signed by the “Chairperson” authorized by the Board, where he is not so authorized by at least 2 Directors.
Every company is required to file its Annual Return with Registrar of Companies within 60 days of Annual General Meeting in E-Form MGT-7. A company having turnover of INR 50 Crore or more shall be certified by a Practicing CS in Form MGT-8.
E-form: AOC-4 File Financial Statement: i.e Balance Sheet along with Statement of Profit and Loss Account and Directors’ Report
E-form: MGT-7 File Annual Return within 60 days of holding of AGM for the period 1st April to 31st March.
Every Company is required to file its Financial Statements within 30 days of its Annual General Meeting with Registrar of Company in E-Form AOC-4. The same shall be digitally signed by one director and certified by CA/CS/Cost Accountant in Practice.
Section 118 (10) of the Companies Act, 2013 requires every company to observe Secretarial Standards with respect to General and Board Meetings specified by the Institute of Company Secretaries of India (ICSI) and approved as such by the Central Government.
All companies registered in India are required to file income tax returns each year on or before September 30th. Under the Income Tax Act, company tax return filing falls under two categories, namely domestic company or foreign company. Domestic company means an Indian company wherein the income is liable to tax and companies that have made arrangements for the declaration and payment of dividends within India. Companies registered with the Ministry of Corporate Affairs like Private Limited Company, One Person Company or Limited Company are classified as a domestic company
Registers to be maintained under the Companies Act, 2013
Form MBP- 1 Every Director of the Company in First Meeting of the Board of Director in each Financial Year needs to disclose his interest in other entities by filing the form. Fresh MBP-1 needs to be filed, whenever there is change in his interest from the earlier given MBP-1 And Every Director of the Company in each Financial Year has to file with the Company disclosure of non-disqualification
LIST OF STATUTORY COMPLIANCES FOR COMPANIES IN INDIAA set of Statutory compliances are needed to be followed by the established companies in India.The non-compliance on national and state levels increased the legal complications in the form of heavy penalties and fees. Plenty of time and resources a...... Read More
Annual Compliance for Private Limited CompanyA Private Company is a corporate held under private ownership which requires regular filing with the Ministry of Corporate Affairs. For every organization it is obligatory to file an yearly return and audited financial statements including profit and loss...... Read More
Annual Compliance for One Person CompanyIn countries like India where entrepreneurship is highly encouraged. One Person Company is one of the most leading forms of business for entrepreneurs whose business lies in an early stage with an intention to grow in future. A One Person Company comprises one...... Read More
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Once an application is filed for striking off of company with the respective Registrar of Companies (ROC) after verifying the documents the RoC will strike off the name of company and this procedure normally takes 3-4 month. However, if any objection is received from ROC this process might take extra time or even reject the application. Disclaimer: – The above article is prepared keeping all the significant and fundamental inquiry which comes at the top of the pri...... Read More
Certified true copy of board resolution for authorisation given for filing this application.Registered Digital Signature Certificate of director for signing the form.Memorandum of association of the CompanyArticle of Association of the Company.Proof of identity (PAN Card/Aadhar Card/Voter ID card).Residence proof (Passport/Driving License/Voter ID Card)Statement of account duly certified by a chartered accountant.Affidavit in Form STK-4 and Indemnity bond in Form STK-3 duly notarised...... Read More
The procedure is extremely easy and is completed step wise:- 1. Call a board meeting in accordance with the Secretarial standards and Companies Act 20132. Convene Board meetingto pass the following resolutions:-To take note of statement of accountsTo authorise directors to sign the Indemnity Bond and Affidavits as per Form STK-3 and Form STK-4 respectively.To authorise a director to digitally sign the application in e-Form STK-2.To fix the day, date, time and venue...... Read More
MGT-14 has normal associated fees in accordance with the authorized share Capital of the Company. STK-2:- INR 10,000/-......
Two e-forms are required for striking off of company:- a) MGT-14 b) STK-2......
Yes. Member’s approval is required through Special resolution for striking off company ......
has made an application to the Tribunal for the sanctioning of a compromise or arrangement and the matter has not been finally concluded;has engaged in any activitythe company at any time in the previous 3 months:- has changed its name or shifted its registered office from one State to another; ...... Read More
The company has filed its upto date all the financial statements and annual return with the Registrar of Companies.The company does not have any management disputes or there is no litigation pending with regard to management or shareholding of the company.No order is in operation staying filing of the documents by a court or tribunal or any other competent authority.the company is not a company incorporated for charitable purposes under section 8 of the Companies Act, 2013 or section 25 ...... Read More
A company can get strike off in two ways:- Suo-moto (Voluntary Striking off)By Registrar of Companies ......
Any company can get strike off whether it’s a Private companyOne-person companyPublic company ......
Striking off of company suggests that closing of a non profitable venture company. In different words it's the quickest and easiest method to shut an organization.......
Each organization is begun with a dream to keep up its business continuously, but not all businesses square measure effective since quite an whereas past run. As we have a tendency to as of currently recognize, that there's positive technique to consolidate a company, run a company, in like manner, there's an exact system to shut a company. As on date, there square measure 2 alternative ways to shut a company:- Strike off companyWinding up of company ...... Read More
An issue of bonus shares is referred to as a bonus share issue or bonus issue. A bonus issue is usually based upon the number of shares that shareholders already own. While the issue of bonus shares increases the total number of shares issued and owned, it does not change the value of the company. 1) The source out...... Read More
DEFINITIONOF RIGHT ISSUE ‘Right Issue’ means offering shares to existing members in proportion to their existing shareholding. The object is, of course, to ensure equitable distribution of Shares and the proportion of voting rights is not affected by issue of Fresh shares. A rights issue is an invitation to existing shareholders to purchase additional new shares in the company. This type of issue gives existing shareholders securities called rights. ...... Read More
1. Ensure that a special notice for the removal of a director is furnished by number of members in accordance with the section 115 of Companies Act, 2013 to the company at least 14 days before the meeting at which it is to be moved. 2. (a) Ensure that the notice for removal of a director is for a director other than a director appointed by the Tribunal under section 242 of the Companies Act, 2013. &n...... Read More
Introduction- What is sweat equity shares? Sweat equity shares refers to equity shares given to the company’s employees on favorable terms, in recognition of their work. Sweat equity shares is one of the modes of making share based payments to employees of the company. The issue of sweat equity shares allows the company to retain the employees by rewarding them for their services. Sweat equity shares rewards the beneficiaries by giving them incentives in lieu of their contribution tow...... Read More
INTRODUCTION Private placement can be explained as a means of raising capital by the companies without going for public issues. Public Issues like Initial Public Offering and Further Public Opening are means of raising capital by the companies. DEFINITION A private placement is a sale of stock shares or bonds to pre-selected investors and institutions rather than on the open market. It is an alternative to an initial public offering (IPO) for a compan...... Read More
OPC shall be required to convert itself, within six months of the date on which its paid up share capital is increased beyond fifty lakh rupees and the last day of the relevant period during which its average annual turnover exceeds two crore rupees as the case may be, into either a private co...... Read More
Rule 6 of the Companies (Incorporation) Rules, 2014 as amended vide the Companies (Incorporation) Amendment Rules, 2015, w.e.f. 1-5-2015 provides that where the paid up share capital of an OPC exceeds fifty lakh rupees and its average annual turnover during the relevant period exceeds two crore rupe...... Read More
Section 8(4)(a) provides that a company that has received a licence under the section, shall not alter the provisions of its Memorandum as regards its objects except, with the previous approval of the Central Government [Powers delegated to the Registrar of Companies by Notification No. 1353(E), dat...... Read More
The objective of section 8 of the Companies Act, 2013 is to provide special benefits and privileges to such organisations, which are formed for the following purposes and where it is proved to the satisfaction of the Central Government that a person or an association of persons proposed to be regist...... Read More
By the Companies (Amendment) Act, 2015 effective from 29th May, 2015 the requirement of minimum paid up capital for a private limited company of `1 Lakh and for a public limited company of `5 Lakhs has been removed from the definition of the Companies under section 2(68) and 2(71) of the Companies A...... Read More
It has been provided that the subscriber/member of OPC may at any time change the name of the nominated person by giving notice to the Registrar. It shall be the duty of the subscriber/member of OPC to intimate the company the change, if any, in the name of the person nominated by him by in...... Read More
Any such change in the name of the nominee person in the Memorandum of Association of the OPC shall not be deemed to be an alteration of the memorandum.......
It has been provided that the subscriber/member of OPC may at any time change the name of the nominated person by giving notice to the Registrar. It shall be the duty of the subscriber/member of OPC to intimate the company the change, if any, in the name of the person nominated by him by i...... Read More
The liability of the member of the OPC may be limited or unlimited, and the Memorandum of Association of the OPC shall state,— (i) in the case of a company limited by shares, that liability of its member is limited to the amount unpaid, if any, on the shares held by them; an...... Read More
There is no pre-condition for foreign promoters to furnish local address in India for seeking registration and incorporation of a limited company in India. It was held that there was nothing in the Act or the applicable Rules which requires the foreign promoters to provide a l...... Read More
The digital signatures are required to be registered at the website of the MCA for various category like director, professionals, etc. and need to fill up particulars online at the MCA portal, called roll check. Without complying with the requirement of Roll Check, any documents si...... Read More
The MCA vide the Companies (Amendment) Act, 2017 has inserted new section 3A w.e.f. 9-2-2018, vide Notification No. SO 630(E), dated 9-2-2018 to put liability on all the existing members of the company, in case the company defaults in minimum number of members’ criteria. If at any time the number ...... Read More
Every Form and return prescribed under the Companies Act, 2013 needs to be filed with the digital signature of the managing director or director or manager or secretary of the Company, therefore, it is compulsorily required to obtain digital signatures of at least one director to digitally sign the ...... Read More
As per proviso to section 152(3) of the Companies Act, 2013 no company shall appoint or re-appoint any individual as director of the company unless he has been allotted a Director Identification Number (DIN) under section 154 or such other identification number as the Central Government may prescrib...... Read More
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