POST INCORPORATION SERVICES
- "You got a company?? Discuss some post-compliance!!!!! ”
- "Every company starts with a mission to make the world a better place, for the long run of our business and to increase the stakeholder value we have to take care of profit maximization along with statutory compliance, although compliance plays a very crucial role in the business aspects.
- The only Companies Act , 2013, was not limited to statutory compliance, although we must take care of other laws, provisions and regulations along with this Act.
- In this particular article, my effort is to take care and discuss compliance with post incorporation as per the Companies Act,2013 to the best of my knowledge and in accordance with applicable provisions.
- "It takes less time to do things right than to explain why you were wrong"
- Compliance with
- Obtaining a Certificate of Incorporation of Company is an exciting time to start the journey of your business, I would like to tell you that shareholders are the owners and that the directors are the brains of a company like parents of a newborn child, so that directors are fully responsible for all actions and any non-compliance that their company has made.
- Once a company is incorporated, compliance-related formalities must be completed within a specified timeframe to comply with the Companies Act , 2013.
- It is important for a company's managers and other key managers to be aware of a company's post-incorporation compliance requirements. In this article , we look at the post-incorporation compliance required for a company such as statutory registry maintenance, share certificates, auditor appointment, board meetings and more.
- Board of Name:
- We are required to paint or affix the company name and address of its registered office outside any office or place where it operates.
- Letter heads:
- The company must print a letterhead containing its name, CIN number, telephone number, e-mail, fax (if any), website (if any) and company registered address on all the company's official documents including letterhead, invoices, notices.
- First Board Meeting:
- Pursuant to Section 173(1) of the Companies Act 2013, the Company shall hold a meeting of the Board of Directors within 30 days from the date of its incorporation, in addition to allowing directors of the Board to attend the meeting either in person or via video conference.
- Interest disclosure:
- At the company's first board meeting, each director is obliged to disclose his / her interest in any company, company, corporate body or AOP as outlined in section 184(1) of the Companies Act 2013. Any change in disclosure shall be notified by directors to the board at their first meeting during each financial year thereafter if there is an independent director.
- First-Auditor appointment:
- Pursuant to Section 139(6) of the Companies Act , 2013 each company shall appoint its first auditor of the Company within 30 days of incorporation by its board of directors and, if the board of directors fails to appoint the auditor within 30 days, it shall inform the members of the Company of the same and shall call an Extraordinary General Meeting.
- Special point: the company is not obliged to file the ADT 1 form in the case of the first auditor, as the law does not mandate the same.
- Share certificates:
- Company shall issue SH-1 share certificates to the first subscribers within 60 days of the date of incorporation, so subscribers to the Company's Memorandum of Association would deposit the money in the Company's bank account for the shares agreed to be purchased at the time of incorporation and obtain the Company's share certificates accordingly.
- Statutory Registry:
- All companies are required to maintain certain statutory registers, i.e. members' registers, directors' registers, charges, debenture holders and other matters relating to shareholders and company management, and they must be regularly updated and kept at the company's registered office.
- Business certificate start-up:
- Pursuant to Section 10A of the Companies Act, a company incorporated on or after 02-11-2018 shall not commence its business or exercise any borrowing powers unless a declaration is to be filed by the directors within 180 days of the date of incorporation of the company in INC 20A (notified on 26-01-2019) with the Registrar of Companies that each MOA subscriber has paid it.
- Account books:
- According to section 128 of the Act, each company shall maintain proper books of accounts that represent the true and fair view of the company's financial disclosure, and companies shall maintain dual bookkeeping.
- COMPLIANCE YEARLY:
- 1) Minimum 4 Board meetings with a maximum of 120 days between 2 consecutive meetings,
- 2) Statutory auditing of accounts,
- 3) Annual return (Form MGT-7),
- 4) Financial Statements (Form AOC-4),
- 5) Annual General Meeting,
- 6) Report preparation, balance sheet, audit report, annual return extract, etc.
- 7) ADT-1 appointment (if required)
- 8) Drafting of the Minutes and Annual General Meeting of the Company. Our services related with the corporate law, corporate governance, commercial law, and other inherently connected areas of the law with businesses and professions in various economic sectors, are all-encompassing and covers the following topics and services:
- Selection and incorporation of the most appropriate type of company for specific business/profession/service
- Drafting flawless and impeccable MOA, AOA, or Trust Deed, etc, of the selected entity
- All tax-related registrations
- Licenses for business conduction
- Export-Import Code
- Processing and Compliances with the concerned ROC, MCA, RBI, SEBI, Income Tax Department, CBEC, and other State and Central bodies concerned
- Rights and Duties of stakeholders/investors, directors including the independent directors, board of directors, and other people connected with administration and management of a limited company.
- Tasks and guidance related with business or commercial law of India
- Formulating policies for greater efficiency, productivity, and profitability
- Corporate Social Responsibility (CSR)
- Guidance regarding Mergers and Acquisitions (M&A) and Joint Ventures (JVs) in India and abroad
- IPO and Trading on Stock Exchanges
- Expert support and advice for FDI in India
- Devising strategies for undaunted business progress and desired growth
- Formulating policies and strategies for greater satisfaction to consumers and the stakeholders/investors
- Legal support for international business and trade
- Security and Welfare of Manpower and diverse types of Intellectual Property of the company