Companies are required to adhere to a series of statutory filings and compliance procedures annually. Key obligations include director-specific disclosures, financial reporting, and maintaining statutory records. MBP-1 and DIR-8 forms must be filed by directors, disclosing their interests in other entities and their non-disqualification, respectively, at the start of each financial year. Financial statements, including the Auditors’ Report and Directors’ Report, must be prepared and approved, followed by the holding of an Annual General Meeting (AGM) within six months of the financial year’s end. The company must also circulate the notice and financial documents to all directors, members, auditors, and debenture trustees at least 21 clear days before the AGM.
Furthermore, companies must submit several returns to the Registrar of Companies (ROC). The AOC-4 form, which includes financial statements, and the MGT-7 form, the annual return, must be filed within 30 and 60 days of the AGM, respectively. For public companies, the MGT-8 form, a certification by a practicing Company Secretary, is also required if the paid-up share capital or turnover exceeds specific thresholds. The DPT-3 form is mandatory for all companies (except government, banking, NBFC, and housing finance companies) that have outstanding deposits or money not considered as deposits as of March 31, with a deadline of June 30. Companies with overdue payments to MSME vendors for more than 45 days must file MSME-1 half-yearly. Additionally, companies with foreign direct investment (FDI) or overseas direct investment (ODI) must file the Foreign Liabilities & Assets (FLA) return with the RBI by July 15, regardless of whether there were new transactions or if the company is dormant.
| Forms | Section/Rule | Particulars |
| MBP-1 | Sec – 184(1) | Every Director of the Company in First Meeting of the Board of Director in each Financial Year shall disclose his interest in other entities.
Every Director is required to submit with the Company a fresh MBP-1, whenever there is a change in his interest from the earlier given MBP-1. |
| DIR-8 | Sec – 164(2) | Every Director of the Company in each Financial Year will submit with the Company disclosure of non-disqualification. |
| MSME – 1 | Sec – 405 | Delay in the Payment to MSME Vendor: Company have to file this return half-yearly in respect of pending payments to the MSME vendors as at end of half -year. (only for payment pending for period more than half year):
|
| PAS-6 | Rule 9A (3) | Reconciliation of Share Capital Audit Report: Company is required to submit the reconciliation share capital Audit report with the ROC audited by a practicing Company Secretary as at end of half-year:
|
| DPT-3 | Sec – 73
Rule – 16 |
Return of Deposit: Company is required to file this form in respect of return of Deposit and Particulars not considered as Deposit as on 31st March.
|
| Approval of Financial Statement | Sec – 134 | Preparation and Approval of Financial Statement.
The auditors’ report shall be attached to every financial statement. |
| Directors Report | Sec – 134 | Directors’ Report shall be prepared by mentioning all the information required for the Company under Section 134 read with relevant rules and relevant provisions of other Acts.
It should be signed by the “Chairperson” authorized by the Board, where he is not so authorized by at least 2 Directors one of them should be MD, if there is any. |
| Holding of Annual General Meeting | Sec – 96 | Every company shall in each year hold in addition to any other meetings, a general meeting as its annual general meeting. It shall be held within a period of six months, from the date of closing of the financial year. |
| MGT-14
(Filing of Resolutions with ROC) |
Sec – 117 read with 179 | Public Company required filing this form with the ROC within 30 days of the approval of the Directors’ Report and the Financial Statement with ROC. |
| Notice of AGM | Sec – 101 & Secretarial Standard – 2 | Every Notice of the Annual General Meeting will be prepared as per Section 101 of the Companies Act 2013 and Secretarial Standard – II. |
| Circulation of Notice of AGM | Sec – 101 & Secretarial Standard – 2 | Notice of the Annual General Meeting will be sent to all the:
|
| Circulation of Financial Statement & other relevant docs | Sec – 136 | Company will send to the members of the Company approved Financial Statement, Directors’ Report and Auditors’ Report at least 21 clear days before the AGM. In case the AGM is called on the shorter notice then above mentioned documents shall be circulated on such shorter period. For holding of the AGM on shorter notice companies need to take the proper approvals. |
| DIR-3 KYC Annual Form | Rule 12 A | All the Directors of the Company shall file this form on or before 30th September every year. |
| AOC-4 Annual Form | Sec – 137 | Company is required to file its Balance Sheet along with the Statement of Profit and Loss Account, Cash flow statement, Directors’ Report and Auditors’ Report in this form within 30 days of holding of the Annual General Meeting.
Attachment: Balance Sheet, Statement of Profit & Loss Account, Cash Flow Statement, Directors’ Report, Auditors’ Report and the Notice of the AGM. |
| MGT-7 Annual Form | Sec – 92 | Every Company will file its Annual Return within 60 days of holding of the Annual General Meeting. Annual Return will be for the period from 1st April to 31st March.
Annual Return of Every Public Company should be signed by a Company Secretary in Practice or in employment. |
| MGT-8 | Sec – 92 | Public Company having paid up share capital of Rs.10 Crore or more or turnover of Rs. 50 crore or more shall be certified by a Company Secretary in Practice. |
| Board Meetings | Sec – 173 & Secretarial Standard – 1 | Every Company shall hold a minimum number of FOUR meetings of its Board of Directors every year in such a manner that maximum gap between two meetings should not be more than 120 (One hundred twenty) days. |
| Maintenance of Statutory Registers | Sec – 88 and other sections | Company will maintain the following mandatory Registers:
Register of Members ( MGT-1), Register of Other Security Holders (MGT-2),
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| ADT – 1
Appointment of Auditor |
Sec – 139 | The Auditor will be appointed for 5 (Five) years and form ADT-1 will be filed for a 5-year appointment within 15 days of the Annual General Meeting. |
| MR-3
Secretarial Audit |
Sec – 204 | All the below mentioned Company are required to obtain a Secretarial Audit report from the Practicing Company Secretary such repot will be part of the Directors’ Report (MR-3).
a) All the Listed Companies b) Every Public Company having; Paid-Up Share Capital of Rs. 50 Crore (fifty crore rupees) or more; or Every Public Company having a Turnover of Rs. 250 Crore (two hundred fifty crore rupees) or more every company having outstanding loans or borrowings from banks or public financial institutions of one hundred crore rupees or more. |
| MR-1 | Sec – 196 | Return of the Appointment and Re-appointment of the Managing Director or the Whole Time Director or the Manager or KMP. |
| MGT-14 | Sec – 117 | Appointment and change in any term of appointment of Managing Director. |
| DIR-12 | Sec – 149 | Appointment of the Woman Director. |
| MGT-14 | Sec – 138 | Appointment of the Internal Auditor |
| MGT-14 | Sec – 204 | Appointment of the Secretarial Auditor |
| FLA | RBI | Return of Foreign Assets & Liabilities On or before July 15th |
| CSR-2 | MCA | Return on CSR |
Form (DPT-3)
- Return of Deposit
- Particulars of transactions by a company not considered as deposit as per rule 2(1)(c) of the Companies (Acceptance of Deposit) Rules, 2014
- Return of Deposit and particulars of transactions by a company not considered as deposit
- Onetime Return for disclosure of details of outstanding money or loan received by a company but not considered as deposits in terms of rule 2(1)(c) of the Companies (Acceptance of Deposits) Rules, 2014
It gives the MCA visibility into how companies are raising and handling funds.
Who Must File DPT-3?
All companies, except the following:
Government Companies
Banking Companies
NBFCs
Housing Finance Companies
Must file DPT-3 if they have accepted any loan, advance, or other money, even if it’s not treated as a deposit.
When to File
Annual Return (One-time Reporting): For money received and still outstanding as on 31st March (whether deposit or not)
Due date: 30th June every year
Return of Deposits: Within 30 days of the end of the financial year, if accepting deposits.
Transactions and Their Applicability:
| Type | Is it a deposit? | Dpt-3 required | Note |
| Loan from Director | No | Yes | Non-deposit but must be reported |
| Loan from shareholders | No | Yes | Report under non-deposit |
| Loan from another company | No | Yes | Inter-corporate loans are non-deposits, report under non deposit |
| Advance not settled in 365 days (no contract) | Yes | No | Becomes deposit under rule 2(1)(c), reportable |
| Security deposit from vendor | No | Yes | Non-deposit, reportable |
Explanation: 365-Day Condition
Rule 2(1)(c) of the Companies (Acceptance of Deposits) Rules, 2014
Any advance received for supply of goods/services must be adjusted within 365 days, or it will be treated as a deposit, unless there is a written contract stating otherwise.
So, such an advance must be reported in DPT-3 if:
It is not settled in 365 days, and
There’s no continuing written agreement.
No written agreement exists
It will be considered a deposit, and must be disclosed in DPT-3
MSME
Applicability of MSME Provisions to Companies:
Purpose: To assess and comply with statutory obligations relating to suppliers registered under the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006.
When Does MSME Applicability Arise for a Company?
Your company must comply with MSME provisions if:
You have received goods or services from a supplier who is registered under Udyam/MSME.
The payment to such MSME supplier is outstanding for more than 45 days.
The supplier has not agreed to a longer credit period (in writing).
Obligations of the Company:
As per MSMED Act (Section 15):
Payment to MSME must be made within 45 days from the date of acceptance or deemed acceptance of goods/services.
If not paid within 45 days, company is liable to pay compound interest at 3 times the RBI bank rate.
As per Companies Act, 2013:
Every company which has outstanding dues to MSMEs for more than 45 days must file:
Form MSME-1 (Half-Yearly Return)
Period 1: April to September → File by 31 October
Period 2: October to March → File by 30 April
Documents/Checks Required Internally:
Updated MSME Vendor List (with Udyam Certificate)
Credit Period Verification for each MSME supplier
Aging Report of MSME Payables
Interest Computation, if any delay beyond 45 days
FLA
Foreign Liabilities & Assets (FLA) is an annual return mandated by RBI under FEMA 1999, must be filed online via the FLAIR Portal:
Who must file the FLA Return?
- Received Foreign Direct Investment (FDI) at any time in the past (even if the investment has been repaid or exited) OR
- Made Overseas Direct Investment (ODI) in any holding company/foreign joint venture/subsidiary/branch.
Due Date:
- Annually on or before 15th July
- Based on data as of 31st march of the financial year
Filing is mandatory even if:
- There is no outstanding FDI/ODI as on 31st March
- There is no fresh transaction during the financial year
- The company is dormant, under closure or non-operational
Once you have received ODI or has done FDI, you shall file the form every year.
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