MCA Filings
Company/LLP/OP Compliance
Company compliance in India refers to following the rules and regulations that apply to a company. There are many compliance requirements that a company must meet, including
Incorporation
Companies must follow legal requirements after being formed, such as opening a bank account, holding the first board meeting, and obtaining any necessary licenses or permits.
Statutory registers
Companies must maintain statutory registers at their registered office. Failure to do so can result in fines and prosecution.
Board meetings
Companies must hold at least four board meetings per year, and keep minutes of those meetings.
Taxes
Companies must file income tax returns, GST returns, TDS returns, and other tax returns. They must also calculate their tax liability in advance.
Labor laws
Companies must comply with labor laws, including obtaining registration if applicable.
Safety
Companies must ensure employee safety by providing first aid, conducting safety assessments, and training employees.
PAN
Companies must apply for a PAN, which is a 10-digit alphanumeric number used to track compliance and filings.
Regulation evaluation
Companies must evaluate and report on regulations from various laws, such as the Environment and Protection Act, Competition Act, and Factory Act.
Failure to comply with these requirements can result in penalties, fines, and legal action.
Change Of Name
To change the name of a company in India, you need to:
• Pass a special resolution in a general meeting
• Get approval from the Registrar of Companies (RoC)
• Get approval from the Central Government
The company will continue to operate under the new name, and its rights, obligations, and legal proceedings will not be affected. However, the company will need to update its name in various documents and records, including:
• MOA and AOA copies
• Common and official seals
• Promissory notes and bills of exchange
• Bank account name
• Tax authorities, EPF, and ESI department
• Website and social media accounts
• PAN and TAN
• Letterheads, business cards, etc.
• Statutory registers
• Employment and business contracts
• Business licenses or permits
The RoC will issue a new Certificate of Incorporation once they are satisfied with the application and documents. The company should update its name on the GST portal by filing FORM GST REG-14 within 15 days of the name change.
ChangeOf Registered Office Company
To change the registered office of a company in India, you need to follow these steps
1. Pass a board resolution
Convene a meeting of the company's board of directors and pass a resolution to approve the change.
2. File Form INC-22
Within 15 days of passing the board resolution, file Form INC-22 with the Registrar of Companies (ROC).
3. Submit required documents
Attach the following documents to Form INC-2
• Proof of the new registered office address, such as a lease agreement or utility bill
• No Objection Certificate (NOC) from the owner if the premises are rented
• Notarized rent receipt
• Certified true copy of the board resolution
4. Obtain approval order File Form INC-28 to obtain the approval order from the Regional
Director.
5. Update company records
Once the new address is accepted, update the company's PAN, TAN, bank account, and MOA.
The process for changing a company's registered office depends on the circumstances. For example, if the company is moving its registered office within the same city, the process is simpler. If the company is moving its registered office from one state to another, it needs to file additional forms.