Annual Compliances By A Public Limited Company (Unlisted)
| S.No. | Description | Section & Rules | Particulars of Compliance(s) | |
| 1 | Resident Director | 149(3) | Every company to ensure that it has at least one director who stays in India for a total period of not less than 182 days during the financial year.
In the case of a newly incorporated company the requirement will apply proportionately at the end of the financial year in which it is incorporated. |
|
| 2 | Receipt of
MBP-1 |
184(1) | Form
MBP-1 |
In every financial year in the first Board Meeting every director is required to disclose his interest in other entities in Form MBP-1 to the company.
Thereafter he is required to submit fresh MBP-1 as and when there is change in his interest from the earlier given MBP-1. |
| 3 | Receipt of
DIR-8 |
164(2) read Rule 14 of Companies (Appointment & Qualification of Directors) Rules, 2014. | Form
DIR-8 |
In the beginning of each financial year, every director of the company has to file with the company disclosure of non-disqualification. |
| 4. | E-Forms Filing
Requirements |
92 | E-Form
MGT-7 |
Annual Return: every public company will file its Annual Return within 60 days of holding of AGM. Annual Return will be filed for the period 1st April to 31st March. |
| Annual Return of every public limited company (other than OPC, small and dormant company) is to be signed by the company secretary in practice. | ||||
| 5. | 137 | E-Form
AOC-4 |
Financial Statements: Every public limited company is required to file its annual financial statements (Balance Sheet, Statement of Profit & Loss Account, Notes on Accounts and Directors and auditors’ report) in this form. | |
| 6 | 179(3) | E-Form
MGT-14 |
Adoption of Financial Statements and Directors’ Report: Every public limited company will file E-Form MGT-14 attaching therewith Board Resolution within 30 days of relevant Board Meeting. | |
| 7 | 92 | Form
MGT-8 |
Certification of Annual Return: The Annual return of a public limited company with paid up capital of Rs. 10 crore or more; or turnover of Rs. 50 crore or more is to be certified by a company secretary in practice. | |
| 8 | Directors’
Report |
134 | Directors’ Report is to be prepared by mentioning all the information as asked for under section 134. | |
| 9 | Circulation of Fin. Stts. and other relevant documents | 136 | Every public limited company will send to its members audited financial statements including consolidated financial statements, cash flow statements, notes on accounts, directors’ and auditors’ report atleast clear 21 days before the date of the AGM, unless the AGM is called on a shorter notice. | |
| 9 | Notice of AGM | 101 & SS-II | Every Notice of AGM of a public limited company will be prepared as per s. 101 of the Companies Act, 2013 and SS-II, unless Articles of Associations provide otherwise in accordance with exemption available to private limited companies.
In case there are more than 1000 members, the company will give e-voting facility. |
|
| 10 | Board Meetings | 173(5) & SS-1 | Every Private Limited Company other than OPC, small and dormant company, will hold atleast 4 Board Meetings every year in such a manner that the gap between two meetings is not more than 120 days. Every company shall ensure that it holds atleast 1 board meeting every quarter of a calendar year. | |
| 11 | Appointment of Auditor | 139 | E-Form
ADT-1 |
A public limited company shall appoint an auditor for a block period of 5 years at AGM and file e-form ADT-1 accordingly. |
| 12 | Maintenance of Registers | 88 | Every private limited company other than OPC small and dormant company will maintain the following mandatory registers:
1. Register of Members 2. Register of charges 3. Register of Loans, Guarantee, Security and Acquisition made by the company. 4. Register of Investment not held in the name by the company. 5. Register of contracts with related party contracts. 6. Register of Directors and Key Managerial Personnel and their shareholding. |
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| All the above 12 yearly compliances are mandatory for every small private limited company. Other than these there may be event-based compliances. | ||||
