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Compliances Required After Incorporation for A Private Company

Steps to be taken Immediately After Incorporation of Company

Obtaining the Certificate of Incorporation for your Company is the first step in your business start-up journey.  There are lots of compliances, which need to comply after obtaining Certificate of Incorporation. The management should be aware of the post-incorporation compliances so that company can make timely compliances and avoid any legal actions against Company & Directors. The Companies Act 2013 is a stringent Act, hence it’s necessary for the company to duly comply with compliance requirements on time. Compliance requirements depend on type of organisations and nature of business activities.

Following are the significant compliances that need to be performed post company incorporation:

S. NO.   PARTICULARS OF COMPLIANCE FORM DUE DATE
1. Convening of First Board Meeting N.A. Within 30 days of Incorporation
2. Registered Office Verification (If the address of registered office not provided at the time of Incorporation of Company) INC-22 Within 30 days of Incorporation
3. Appointment of First Auditor (Statutory Auditor) ADT-1 Board will appoint within 30 days of Incorporation, if Board fails to appoint, then members will appoint in EGM with next 90 days.
4. Allotment of Securities and Issue of share certificate SH-1 Company shall deliver the share certificates to subscribers within 2 months from the date of incorporation.
5. Payment of Stamp Duty N.A. Within 30 days from the issue of the share certificate
6. Form for Commencement of Business (Company shall not commence any business activity or exercise any borrowing power without filing of this Form) INC-20A Within 180 days from the date of Incorporation
7. Registration and Licenses N.A. Based on the requirement of business, the company needs to apply for licenses and registration such as GST Registration, Drug License, Food License, Bar Code etc.
8. Intellectual Property Rights N.A. Apply for Patent, Copyright, Trademark and Other Intellectual Property right for its business name, its logo, name of the brand, any mark etc.
9. Holding of AGM N.A. Within Nine Months from the end of the first financial year i.e., 31st Dec. of Next FY
10. Disclosure of Interest by directors in other entities MBP -1 At first board meeting:

*Of Every Year

*After appointment

*Any change in Directorship

11. Maintenance of Statutory Registers MGT-1, MGT-2 & CHG-7 etc. The Company has to maintain certain registers like Register of Members in form MGT-1, Register of debenture holders/ other Securities holders in form MGT-2, Register of Charges in form CHG-7, and Other registers mentioned in the Act.
12. Minutes Book N.A. On regular Basis
13. Drafting of Agreements N.A. Numerous agreements like: agreement with vendors, contractors and suppliers, Employment Contract, Human Resource Policy, Leave Policy etc.

The above-mentioned compliances are in addition to regular compliances such as Filing of Balance Sheet and Annual Return with ROC, Half-yearly e-Form MSME, Form DPT-3, DIR-3KYC, Minimum Board Meetings, Holding of Subsequent AGM, E-Form BEN-2, Preparation of Minutes of Meeting of Board/Committee/Members.

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