Annual compliance is a crucial aspect of operating a Private Limited Company (PLC) in India. It ensures adherence to statutory requirements laid down by the Companies Act, 2013, and other regulatory frameworks. Regular compliance not only helps in avoiding legal penalties but also enhances the credibility and transparency of the company. This guide explores the key annual compliance requirements for a PLC in detail.
Why is Annual Compliance Important?
- Avoiding Penalties:
- Non-compliance can lead to hefty fines, legal actions, and disqualification of directors.
- Maintaining Credibility:
- Regular compliance improves the trustworthiness of the company in the eyes of stakeholders, including investors and financial institutions.
- Ensuring Business Continuity:
- Adhering to legal requirements ensures the smooth operation of the business without interruptions from regulatory authorities.
- Investor Confidence:
- Compliant companies are more likely to attract investors due to transparency and governance.
Key Annual Compliance Requirements for Private Limited Companies
1. Board Meetings
- A minimum of four board meetings must be held in a financial year, with at least one meeting every quarter.
- Proper notices must be sent to all directors, and minutes of the meetings must be maintained.
2. Annual General Meeting (AGM)
- An AGM must be held within six months from the end of the financial year, except for the first AGM, which can be held within nine months.
- Shareholders review and approve financial statements, declare dividends, and appoint/reappoint auditors during the AGM.
3. Filing of Financial Statements (Form AOC-4)
- Every PLC is required to file its financial statements, including the balance sheet, profit and loss account, and cash flow statement, with the Registrar of Companies (ROC) using Form AOC-4.
- The filing must be done within 30 days of the AGM.
4. Filing of Annual Returns (Form MGT-7)
- The company must file its annual return, providing details like shareholders, directors, and shareholding structure, using Form MGT-7.
- The deadline for this filing is 60 days from the date of the AGM.
5. Statutory Audit