Incorporation
Post-Incorporation Compliances
Annual Compliances
Need Based Compliances
Closure of Companies
The Companies Act, 2013 is a Legal framework that regulates the Incorporation, Governance, Operation & Dissolution of all companies in India. The Companies Act, 2013 had replaced the old Companies Act, 1956. The Companies Act, 2013 was designed to enhance the corporate governance, improve global ease of doing business and step up accountability.
Section 2(68) of the Companies Act, 2013 has defined the meaning of Private Limited company. Requirement of Member: minimum of 2 members and restricts the total to 200.
Section 2(71) of the Companies Act, 2013 has defined the meaning of Public Limited Company. Requirement of Member: minimum of 7 members & no upper limit on the maximum number of shareholders.
Section 2(62) of the Companies Act, 2013 has defined the meaning of One Person Company. Requirement of Member: single natural person & one Nominee Director
Section 406 of the Companies Act, 2013 has defined the meaning of Nidhi Company. Requirement of Member: minimum of 7 member
Section 378C (Chapter XXIA) of the Companies Act, 2013 has defined the meaning of Producer Company. Requirement of Member: option 1 - minimum 10 individuals option 2 - minimum 02 institutions
This structure allows a foreign corporate entity to establish a legal footprint in India by holding 100% which is Wholly-Owned Subsidiary or a majority stake in an Indian company.
The First AGM of the company must be held within 9 months from the end of the first financial year.
The Subsequent AGMs to be held within 6 months from the end of each financial year & the gap between two AGMs cannot exceed 15 months.
The company must file its annual compliances within 30 days of the AGM along with Balance Sheet, P&L, Directors' Report, and Auditor's Report.
Board Meeting: minimum of 4 board meetings every year, with a maximum gap of 120 days between two consecutive meetings.
These are the complaints which triggered on the occurrence of the specific event such as change in director, share capital alterations, registered office changes, and other ad-hoc requirements. Below we have mentioned the Form name to be required to file in specific cases.
The appointment or resignation of Directors or KMPs file Form DIR-12.
For any increase in authorized share capital file Form SH-7 or for allotment of new shares file Form PAS-3.
In case of shifting within local limits, outside local limits but within the same state, or from one state to another file Form INC-22, Form INC-23.
On registering secured loans/borrowings file form with the MCA within 30 days in Form CHG-1 or CHG-9.
Private Limited Company Registration
The Companies Act, 2013 is the primary law governing the incorporation, management, compliance, and closure of companies in India. It ensures transparency, accountability, and better corporate governance.
All companies registered in India, including Private Limited Companies, Public Limited Companies, One Person Companies (OPCs), Nidhi Companies, Producer Companies, and Foreign Subsidiaries, must comply with the Act.
The Act recognizes several company types, including Private Limited Company, Public Limited Company, One Person Company (OPC), Nidhi Company, Producer Company, and Indian Subsidiary of a Foreign Company.
A newly incorporated company must conduct the first board meeting, appoint an auditor, verify the registered office, issue share certificates, open a bank account, and file Form INC-20A (where applicable).
Companies must hold Annual General Meetings (AGMs), conduct board meetings, prepare financial statements, and file annual returns and financial statements with the Registrar of Companies (ROC).
Form INC-20A is the declaration for commencement of business. Eligible companies must file it within 180 days of incorporation before starting business operations.
Common ROC forms include INC-20A, ADT-1, AOC-4, MGT-7/MGT-7A, DIR-12, SH-7, PAS-3, INC-22, and CHG-1, depending on the compliance requirement.
Non-compliance may result in penalties, additional filing fees, director disqualification, company deactivation, or strike-off by the Registrar of Companies (ROC).
Yes. An eligible company can apply for strike-off using Form STK-2 or opt for voluntary liquidation under applicable legal provisions if it has assets and liabilities.
Timely compliance helps companies avoid penalties, maintain legal status, improve corporate governance, build business credibility, and ensure smooth business operations.
