ROC Compliance of Oct 2021 & updates

ROC Compliance of Oct 2021 & updates

1. MCA extends due date for AGMs by two months 

Companies get till end November to hold AGM for financial year 2020-21 In what could come as some respite for companies, especially small and medium ones, the Ministry of Corporate Affairs (MCA) has extended the due date for holding annual general meetings (AGMs) for the financial year 2020-21 by two months. This extension would mean that companies now have time till the end of November 2021 to hold the AGM. Under company law, corporates are required to hold AGM within six months from the date of completion of financial year – i.e September 30. This latest MCA move comes in the wake of representations received by the Ministry seeking extension of time for holding of AGM for FY21.

2. Government extends tenure of Company Law Committee by one year till Sept 2022

The government has extended by one year the tenure of the Company Law Committee, which was constituted back in 2019. The tenure of the panel, which was set up by the corporate affairs ministry in September 2019, was extended last year also. The committee has the mandate for examining and making recommendations to the government on various issues related to implementation of the Companies Act and the Limited Liability Partnership Act. The committee was constituted as part of the government’s efforts to promote ease of living by providing ease of doing business to law abiding corporates, to foster improved corporate compliance for stakeholders at large and to address emerging issues having an impact on the working of companies.

COMPLIANCE CALENDAR

I. Due Dates of ROC Returns Filings:

Sl. No.ParticularsDue DateE-Form
1.Appointment of AuditorWithin 15 days from the conclusion of AGMADT-1
2.Filing of financial statement and other documents with the ROCWithin 30 days from the conclusion of the AGM, other than OPC (In case of OPC within 180 days from the close of the financial year)AOC-4
3.Filing of annual return by a company.Within 60 days from the conclusion of AGMMGT-7
4.Filing of annual return by a company.Within 60 days from the conclusion of AGM Applicable in respect of Annual Return for the F.Y. 2020-21 and onwards of OPC and small companies.MGT-7A

II. LLP Compliance

 

Applicable Laws/ActsDue DatesCompliance ParticularsForms / Filing mode
LLP Act, 200830.10.2021Statement of Account and Solvency for Financial Year 2020-21

Within 30 days from the end of 6 months of the financial year to which the statement relates.

Form LLP-8

III.Compliance Calendar for the month of October 2021

Applicable Laws/ActsDue DatesCompliance ParticularsForms / Filing mode
Companies Act, 2013Within 180 Days From The Date Of Incorporation Of The Company (one time compliance only)As per Section 10 A (Commencement of Business) of the Companies Act, 2013, inserted vide the Companies (Amendment) Ordinance, 2018 w.e.f. 2nd November, 2018, a Company Incorporated after the ordinance and having share capital shall not commence its business or exercise any borrowing powers unless a declaration is filed by the Director within 180 days from the date of Incorporation of the Company with the ROC.MCA E- Form INC 20A (one time compliance)
Companies Act, 2013First declaration within 90 days from the date of notification Dt. 08.02.2019A person having Significant beneficial owner shall file a declaration to the reporting company

i.e. within 90 days of the commencement of the Companies (Significant Beneficial Owners) Amendment Rules, 2019 i.e. 08.02.2019

In case Subsequent Acquisition of the title of Significant Beneficial Owner / Any Change therein a declaration in Form No. BEN-1 required to be filed to the reporting company, within 30 days of acquiring such significant beneficial ownership or any change therein.

Form BEN-1
Companies Act, 2013within 30 days of acquiring beneficial interestFiling of form BEN-2 under the Companies (Significant Beneficial Owners) Rules, 2018. (the date of receipt of declaration in BEN-1 )Form BEN – 2
Companies Act, 2013Annual Compliance*DIN KYC through DIR 3 KYC Form is an Annual Exercise. Last date for filing DIR-3 KYC for Financial year 2020-21 is 30th September, 2021E-Form DIR – 3 KYC
Companies Act, 2013Within 270 days from the date of deployment of this FormAnnual Return To Be Filed By Auditor With The National Financial Reporting AuthorityNFRA-2
Companies Act, 2013Within 15 days of appointment of an auditor.The Ministry in its General Circular No. 12/2018 dated 13th December, 2018 clarified that filing of Form NFRA-1 is applicable only for Bodies Corporate and ruled out filing by Companies as defined under sub-section (20) of Section 2 the Act.E – Form

NFRA -1

Companies Act, 2013Within 30 days of the board meetingFiling of resolutions with the ROC regarding Board Report and Annual Accounts. The details of the resolutions passed should be filed.MGT-14

(Filing of resolution with MCA)

Companies Act, 2013Within 60 (sixty) days from the conclusion of each half year.Reconciliation of Share Capital Audit Report (Half-yearly)

Pursuant to sub-rule Rule 9A (8) of Companies (Prospectus and Allotment of Securities) Rules, 2014

To be filed all unlisted companies, deemed public companies

Till further clarification to be filled in GNL-2

E-Form PAS – 6
Companies Act, 2013(Half Yearly basis) 31.10.2021Form for furnishing half yearly return with the registrar in respect of outstanding payments to Micro or Small EnterpriseE-Form MSME-1
Companies Act, 2013One Time compliancesRegistration of Entities for undertaking CSR activities – Trust/ Society/ Section 8 Company need to file before Acceptance of Donation as CSR w.e.f. 01st April 2021E-Form CSR-1

 

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