Private & Public Company Compliances & Compliance based on Threshold Limits

Narmadesvar Mishra 31 Jul 2021 4,794 Views 0 comment Print Company Law | Articles

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Unlisted Public Company
S.No	Compliance	Due Date
1	MBP-1	First Meeting of Board of Directors
2	DIR-8	First Meeting of Board of Directors
3	DIR-3 KYC	Within 30 days from end of F.Y (30/09/2021 for F.Y 2020-21)
4	DPT-3	Within 90 days from end of F.Y (30/07/2021 for F.Y 2020-21)
5	BEN-2	Within period of 30 days from declaration made in BEN-1
6	ADT-1	Within period of 15 days from the date of AGM
7	MSME-1	Within 30 days from the end of each Half Year
8	MGT-14 (Board Resolution approving the Financial Statement )	Within 30 days of Passing BR
9	AOC-4(XBRL)	Within 30 days of AGM
10	MGT-7	Within 60 days of AGM
11	MGT-8	Required to be attached with MGT-7
12	MR-3	Part of Board Report and attached in AOC-4(XBRL)
13	MGT-14 (Appointment of Secretarial and Internal Auditor)	Within 30 days passing the BR
14	MR-1(Appointment of KMP)	within sixty days of the appointment
15	CRA-2 (Appointment of Cost Auditor)	In Case of Original Appointment, within 30 days of Board Meeting or 180 days of end of Financial year, whichever is earlier.
16	CRA-4	Within 30 days of from the date of receipt of cost audit report

Private Company
S.No	Compliance	Due Date
1	MBP-1	First Meeting of Board of Directors
2	DIR-8	First Meeting of Board of Directors
3	DIR-3 KYC	Within 30 days from end of F.Y (30/09/2021 for F.Y 2020-21)
4	DPT-3	Within 90 days from end of F.Y (30/07/2021 for F.Y 2020-21)
5	BEN-2	Within period of 30 days from declaration made in BEN-1
6	ADT-1	Within period of 15 days from the date of AGM
7	MSME-1	Within 30 days from the end of each Half Year
9	AOC-4(XBRL)	Within 30 days of AGM
10	MGT-7	Within 60 days of AGM
11	MGT-8	Required to be attached with MGT-7
13	MGT-14	Within 30 days passing the SR
15	CRA-2 (Appointment of Cost Auditor)	In Case of Original Appointment, within 30 days of Board Meeting or 180 days of end of Financial year, whichever is earlier.
16	CRA-4	Within 30 days of from the date of receipt of cost audit report

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Compliance Based on Turnover
S.No.	Compliance	Criteria
S.No.	Compliance	Public Limited	Private Limited	Listed
1	Internal Auditor	Paid Up Share Capital> 50 cr or Turnover > 200 cr or outstanding loans or borrowings > 100 cr at any point of time or outstanding deposits > 25 cr at any point of time in preceding F.Y	Turnover > 200 cr or outstanding loans or borrowings > 100 cr at any point of time	Applicable
2	Secretarial Auditor	Paid Up Capital > 50 cr or Turnover > 250 cr	outstanding loans or borrowings from banks or public financial institutions of one hundred crore rupees or more	Applicable
3	Cost Auditor	Company Specified in item (A) of rule 3 and Turnover exceeds 50 cr from all of its product and services and Company Specified in item (B) of rule 3 and Turnover exceeds 100 cr from all of its and Product and Services and Individual Product or Services Turnover exceeds 35 crore or more
4	MGT-8	Paid Up Capital > 10 crores or Turnover > 50 cr		Applicable
5	Circulation of Financial Statement in electronic mode to person who hold share in Demat form	Net Worth > 1 cr and Turnover > 10 cr	Exempted	Applicable
6	Appointment of KMP	Paid up capital > 10 cr	Only CS appointment is there if paid up capital is more than 10 cr	Applicable
7	Filing through XBRL mode	Paid up capital > 10cr Turnover > 100 cr Company required to prepare Financial Statement as per IndAS	Paid up capital > 10cr Turnover > 100 cr Company required to prepare Financial Statement as per IndAS	Applicable
8	Rotation of Auditor	Paid up capital > 10 cr or Borrowing > 50cr	Paid up capital > 50 cr or Borrowing > 50cr	Applicable
9	Appointment of Independent Director	Paid Up capital > 10cr or Turnover > 100 cr or Borrowing > 50 cr	Exempted	Applicable
10	Appointment of women director	Paid up capital > 100 cr or Turnover > 300 cr	Exempted	Applicable
11	Audit Committee	Paid up capital > 10 cr or Turnover > 100 cr or Borrowing > 50 cr	Exempted	Applicable
12	Nomination and Remuneration Committee	Paid up capital > 10 cr or Turnover > 100 cr or Borrowing > 50 cr	Exempted	Applicable
13	CSR Committee	If Obligation is less than 50 lakhs then it is not mandatory
14	Vigil Mechanism	The Company which accept deposits from the public Borrowed Money in excess of 50 Cr		Applicable
14	Vigil Mechanism			Applicable

Disclaimer: The contents of this article are for information purposes only and do not constitute an advice or a legal opinion and are personal views of the author.

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