Navigating the labyrinth of compliance under the Companies Act, 2013 demands a clear understanding of statutory timelines. This editorial elucidates the due dates of various compliances for different types of companies, shedding light on forms, timelines, and reporting authorities.
In this Editorial Author shall cover the following Companies:
i. One Person Company
ii. Small Company
iii. Non-Small Private Company
iv. Public Company
v. Listed Company
vi. Nidhi Company
vii. Section 8 Company
Section |
Compliance |
Statutory Time Line |
Due Date |
Forms |
Reporting Authority |
Type of Company |
10A |
Declaration of commencement of business |
Within 180 Days from the incorporation date. |
Within 180 Days from the incorporation date |
INC- 20A |
ROC |
All Companies |
12 |
Intimation of Change in the Registered Office |
Within 30 days of the change of the address |
Within 30 days of the change of the address |
INC-22 |
ROC |
All Companies |
Section 89(6) |
Intimation of declaration received under Section 89 |
Within 30 days from the receipt of declaration by the company |
Within 30 days from the receipt of declaration by the company |
MGT-6 |
ROC |
All Companies – If they fall under the section |
Section 90(4) |
Intimation of declaration received under Section 90 |
Within 30 days from the receipt of declaration by the company |
Within 30 days from the receipt of declaration by the company |
BEN- 2 |
ROC |
All Companies – If they fall under SBO. |
Rule 12A of Companies (Appointment and Qualification of Directors) Rules 2014 |
Directors’ KYC by every Individual who holds a DIN |
Within 6 months from end of the financial year |
30th September |
DIR – 3 KYC |
ROC |
All Companies |
Section 139 |
Intimation regarding appointment of Statutory Auditor. |
Within 15 days of appointment of an auditor |
Within 15 days of appointment of an auditor |
ADT – 1 |
ROC |
All Companies every 5 year. |
Section 140 |
Intimation regarding resignation of Statutory Auditor |
Within 30 days from the date of the resignation. |
Within 30 days from the date of the resignation. |
ADT – 3 |
ROC |
All Companies, If Auditor Resign |
Section 117 |
Filing of Resolution and agreements as specified in Section 117 (3) |
Within 30 days of the passing of resolution/ entering into agreement |
Within 30 days of the passing of resolution/ entering into agreement |
MGT – 14 |
ROC |
Not required for Private Limited Companies |
Order dated 22 January, 2019 issue under Section 405 |
Return in respect of outstanding payments to Micro or Small Enterprise |
Within 1 month from the conclusion of each half year. |
31st October (For April-Sep) 30th April (For Oct-Mar) |
E-Form MSME-1 |
ROC |
All Companies |
Rule 16 of Companies (Acceptance of Deposits) Rules, 2014 |
Return of deposit or particulars of transaction not considered as deposit or both |
On or before 30th June of every year |
30th June |
DPT-3 |
ROC |
All Companies – Except NBFC |
Section 137 |
Filing of annual accounts |
30 days from the date of AGM. |
Within 30 days from the date of AGM |
Form AOC-4/AOC-4 CFS/AOC-4 XBRL |
ROC |
All Companies |
Section 92 |
Filing of annual return |
To be filed within 60 days from the conclusion of AGM. |
Within 60 days from the date of AGM |
E – Form MGT – 7A |
ROC |
All Companies |
Section 184 |
Disclosure of Interest by Director. |
In the First Board Meeting of the Financial Year and whenever there is a change in the disclosures already made. |
1st Board Meeting of the F.Y. and whenever there is a change the disclosures already made |
MBP-1 |
No need to file |
All Companies |
Rule 5 (8) of IEPF Authority (Accounting, Audit, Transfer and Refund) Rules, 2016 |
Statement of unclaimed and unpaid amounts as specified in section 125. |
Within a period of 60 days after the holding of AGM |
Within a period of 60 days after the holding of AGM |
IEPF -2 |
IEPFA |
All Companies |
Section 179 (3) (g) |
Adoption of Financials and Director Report |
Within 30 days of Board Meeting approving the Financial Statement and Board Report |
Within 30 days of Board Meeting approving the Financial Statement |
MGT – 14 |
ROC |
All Companies Except Private Company |
Rule 9A of Companies (Prospectus and Allotment of Securities) Rules,2014 |
Reconciliation of Share Capital Audit Report (Half- Yearly) |
Within 60 days from the conclusion of each half year. |
30th May (For Oct-Mar)29th November (For April-Sep), |
PAS – 6 |
ROC |
All Companies Except Small Company and Listed |
Section 121 |
Report on Annual General Meeting |
Within 30 days from the date of AGM |
Within 30 days from the date of AGM |
MGT-15 |
ROC |
Only for Listed Company |
Rule 5(2) of Nidhi Rules, 2014 |
Return of Statutory Compliance |
Within 90 days from the close of the first financial year after its incorporation and where applicable, the second financial year. |
Within 90 days from the close of the first financial year after its incorporation and where applicable, the second financial year. |
NDH-1 |
ROC |
Applicable on Nidhi Company |
Rule 5(3) of Nidhi Rules, 2014 |
Application for extension of timeThis form is filled in the following cases:The company fails to add at least 200 members within 1 year of incorporation orFailure to maintain the Net owned Fund to deposit ratio of 1:20 |
Within 30 days from the close of the first financial year. |
Within 30 days from the close of the first financial year. |
NDH-2 |
Regional Direct |
Applicable on Nidhi Company |
Rule 10(3) of Nidhi Rules, 2014 |
Obtaining prior permission of the RD for opening more than 3 branches within the district or any branch outside the district, |
Prior to opening of branch |
Prior to opening of branch |
NDH-2 |
Regional Director |
Applicable on Nidhi Company |
Rule 10(6) of Nidhi Rules, 2014 |
Obtaining Prior permission of the RD for the closing of any branch |
At least 60 days prior to the closure |
At least 60 days prior to the closure |
NDH-2 |
Regional Director |
|
Rule 10(6) of Nidhi Rules, 2014 |
Intimation to Registrar after the closure of the Branch |
Within 30 days from the date of the closure of the branch |
Within 30 days from the date of the closure of the branch |
NDH-2 |
ROC |
|
Rule 10(7) of Nidhi Rules, 2014 |
Intimation about the closure of any place, not being a registered office or a branch, where a Nidhi carries on its operation. |
Post-closure intimation to ROC |
Post-closure intimation to ROC |
NDH-2 |
ROC |
|
Rule 21 of Nidhi Rules, 2014 |
Half Early return |
Within 30 days from the conclusion of each half year |
Within 30 days from the conclusion of each half year |
NDH-3 |
ROC |
|
Rule 3A of Nidhi Rules, 2014 |
Application form for declaration as Nidhi Company |
For the companies incorporated after Nidhi (Amendment) Rules, 2022, within a period of 120 days of its incorporation for declaration as Nidhi. |
For the companies incorporated after Nidhi (Amendment) Rules, 2022, within a period of 120 days of its incorporation for declaration as Nidhi. |
NDH-1 |
ROC |
|
Rule 3B of Nidhi Rules, 2014 |
Application form for declaration as Nidhi Company |
For the companies incorporated before Nidhi (Amendment) Rules, 2022, within sixty days from the date of expiry of:-(a) 1 year from the date of its incorporation; or(b) the period up to which extension of time has been granted by the Regional Director, whichever is later. |
For the companies incorporated before Nidhi (Amendment) Rules, 2022, within sixty days from the date of expiry of:-(a) 1 year from the date of its incorporation; or(b) the period up to which extension of time has been granted by the Regional Director, whichever is later. |
Conclusion
Adherence to due dates stipulated under the Companies Act, 2013, is paramount for corporate governance and legal compliance. From declaration of business commencement to filing of annual returns, each compliance carries its own deadline and requisite forms. Companies, irrespective of their size or nature, must diligently fulfill these obligations to avoid penalties and ensure smooth operations within the regulatory framework.
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Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at [email protected]).