Compliances - Auditing Bazaar https://auditingbazaar.in The best quality and cost effective legal and compliance services Sun, 26 May 2024 17:02:03 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.3 https://auditingbazaar.in/wp-content/uploads/2023/07/cropped-Siteicon-32x32.png Compliances - Auditing Bazaar https://auditingbazaar.in 32 32 230638473 Foreign Company Compliances https://auditingbazaar.in/product/foreign-company-compliances/ https://auditingbazaar.in/product/foreign-company-compliances/#respond Fri, 21 Jul 2023 00:15:39 +0000 https://auditingbazaar.in/?post_type=product&p=139

An India-based subsidiary of any Foreign Company [as defined under section 2(42) of the Indian Companies Act, 2013] may need to perform the following three categories of statutory compliances with Indian regulatory authorities:

  • Periodic Compliance
  • Annual Compliance
  • Event Based Compliance

 

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Foreign Company Compliances

A company incorporated outside India which has a place of business in India is called a Foreign Company. Various provisions of the Companies Act, 2013 governs a Foreign Company.

AUDITING BAZAAR provides the full range of compliance services to all types of companies located and active in India, which may run and managed by Indian or foreign companies, as a part of our ancillary services.

In relation to Foreign Companies, various forms to file with the Registrar of Companies include

  • Form FC-1 :- Information to be filed regarding Foreign Company
  • Form FC-2 :- Return of alteration of documents filed for registration of Foreign Company
  • Form FC-3 :- Annual Accounts
  • Form FC-4 :- Annual Return of a Foreign Company

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Annual Compliance Filing for LLP Company in India https://auditingbazaar.in/product/annual-compliance-filing-for-llp-company-in-india/ https://auditingbazaar.in/product/annual-compliance-filing-for-llp-company-in-india/#respond Fri, 21 Jul 2023 00:12:33 +0000 https://auditingbazaar.in/?post_type=product&p=138

The Limited Liability Partnerships (LLPs) are those firms which are registered under the Indian LLP Act of 2008 and the LLP Rules of 2009. Like all other companies, LLPs are also essentially required to make some annual and periodic compliance’s with MCA, Income Tax Department, and other concerned regulatory bodies and authorities.

 

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Annual Compliance Filing for LLP Company in India

“Limited Liability Partnership” means a partnership formed and registered under Limited Liability Partnership Act, 2008.

Not only LLPs, all types of companies located in India are helped by AUDITING BAZAAR through our expert and reasonably-charged compliance services for them. These services for compliance filings for all types of companies are a part of our ancillary services.

Registered LLPs  with the Ministry of Corporate Affairs (MCA) needs to file the following mandatory compliance requirements  along with their due timelines:

  • Filing of Annual Return – LLP Form-11

Every LLP is required to file Annual Return in Form 11 to the Registrar within 60 days of closer of financial year i.e. has to be filed on or before 30th May every year.

  • Filing Statement of Account & Solvency – LLP Form-8

Every LLP is required to file Form 8 on or before 30th October every year

  • Filing of Income Tax Returns

ITR-5 Is mandatorily required to be filed by every LLP under digital signature if their accounts are audited under section 44AB of Income Tax Act, 1961.

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Annual Compliances for Public Limited (Listed) Company https://auditingbazaar.in/product/annual-compliances-for-public-limited-listed-company/ https://auditingbazaar.in/product/annual-compliances-for-public-limited-listed-company/#respond Fri, 21 Jul 2023 00:09:15 +0000 https://auditingbazaar.in/?post_type=product&p=136

The Public Limited Companies are undoubtedly required to make the largest number of compliances every year, as compared to those by all other types of companies.

 

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Annual Compliances for Public Limited (Listed) Company

The Public Limited Companies are classified in two that are Listed and Unlisted Public Limited Companies and are bound to follow the annual and periodic compliances.

  1. Various compliances with ROC as per Companies Act 2013 like:
  • Annual Return – Form MGT-7
  • Financial Statements – Form AOC- 4
  • Secretarial Audit Report – Form MR-3
  • Form MGT-14
  • Form MGT-15
  1. Various annual compliances under other applicable laws such as Labour Laws, Corporate & Economic Laws, Excise & Customs, RBI, FEMA, PF, ESI, etc.
  2. Annual compliances under all rules and regulations associated with SEBI such as SEBI directions, various norms prescribed, Listing Regulations, etc.

Forms to be filed under the Income Tax Act, 1961 and compliances with Tax Audit provisions

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Annual Compliance Filing for Private Company in India https://auditingbazaar.in/product/annual-compliance-filing-for-private-company-in-india/ https://auditingbazaar.in/product/annual-compliance-filing-for-private-company-in-india/#respond Fri, 21 Jul 2023 00:06:07 +0000 https://auditingbazaar.in/?post_type=product&p=135

Like other types of companies, a private limited company is also essentially required to make compliances with the regulatory requirements of the Companies Act of 2013, and other applicable laws, in order to remain legally perfect and secure. These compliances cover all ROC Return Filings for a private limited company, and with income tax department. The Companies Act 2013 has strict and rigorous provisions of fines, penalties, and imprisonment to treat the cases of non-compliance or delayed compliances with the prescribed regulatory authorities.

 

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Annual Compliance Filing for Private Company in India

Under the Companies Act, 2013, private companies are subject to greater control and regulations and the number of exemptions which were earlier enjoyed by the private companies, have been withdrawn with the Introduction of Companies Act, 2013 which provides strict and rigorous fines, penalties, and imprisonment to treat the cases of non-compliance or delayed compliances with the prescribed regulatory authorities.

Mandatory Compliances for a Private Limited Company:

  • Holding First Board Meeting within 30 days of incorporation of Company
  • Holding of minimum four Board meetings in a calendar year and not more than 120 days gap should be there between two meetings- Subsequent
  • Within a period of Nine months from the date of closing of the first financial year of the Company- First
  • Within a period of Six months from the date of closing of financial year

and Not more than Fifteen months shall elapse between the date of one annual general meeting of a company and that of the next- Subsequent

  • Appointment of First Auditors and Subsequent Auditors
  • Annual Return in form MGT-7 within 60 days from the date of AGM
  • Financial Statements in form AOC-4 within 30 days from the date of AGM
  • Income Tax Returns
  • Maintenance of Statutory Registers
  • Disclosure of Director’s Interest and Declaration in Form MBP-1 and DIR-8 respectively.

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XBRL Filing https://auditingbazaar.in/product/xbrl-filing/ https://auditingbazaar.in/product/xbrl-filing/#respond Fri, 21 Jul 2023 00:02:49 +0000 https://auditingbazaar.in/?post_type=product&p=134

XBRL, which is acronym for the “eXtensible Business Reporting Language”, is a highly elegant and globally preferred electronic format for production, analysis, and exchange of various financial and textual data related with businesses in various economic sectors. Offering many lavish benefits over the PDF format, XBRL is now the top choice for business reporting worldwide.

 

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XBRL Filing

XBRL (Extensible Markup Language) is a language for the electronic communication of business and financial data which is revolutionizing business reporting around the world.

It provides major benefits in the preparation, analysis and communication of business information. It offers cost savings, greater efficiency, and improved accuracy and reliability to all those involved in supplying or using financial data.

It was developed specifically to communicate information between businesses and other users of financial information, such as analysts, investors and regulators  via the internet.

XBRL provides a common, electronic platform for business reporting.

Legal Requirement

Following class of companies shall file their Financial Statement and other documents with the ROC u/s 137, in e-form AOC-4  XBRL, by using XBRL taxonomy:

  1. All companies listed in India and their Indian Subsidiaries;
  2. All companies having paid-up capital of Rs. 5 Crores and above;
  3. All companies having a turnover of Rs. 100 Crores and above, and
  4. All companies which are required to prepare the Financial Statements in accordance with Companies (Indian Accounting Standard) Rules, 2015.

However, Banking Companies, Insurance Companies, NBFCs and Housing Finance Companies are not required to file their Financial Statement and other documents by using XBRL taxonomy.

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One Person Company (OPC) Compliance and Annual Filing in India https://auditingbazaar.in/product/one-person-company-opc-compliance-and-annual-filing-in-india/ https://auditingbazaar.in/product/one-person-company-opc-compliance-and-annual-filing-in-india/#respond Thu, 20 Jul 2023 23:59:14 +0000 https://auditingbazaar.in/?post_type=product&p=133

Introduced by the new Indian Companies Act 2013, the One Person Companies (OPCs) are rapidly becoming popular in entire India for doing business or providing services in various economic sectors by individual and innovative entrepreneurs/professionals. The Companies Act of 2013 and various Rules associated with this Act, offer many lavish exemptions and privileges to OPCs in India in respect of registration, business administration & management, and also statutory compliances.

 

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One Person Company (OPC) Compliance and Annual Filing in India

To encourage unorganized proprietorship business to enter into organized corporate world, the concept of “one person company” (‘OPC’) was recommended by JJ Irani Committee.

An OPC is exempted from stringent legal compliances of :

  • General Meeting
  • Only 1 Director is sufficient
  • Information to be provided in the Directors’ Report has been significantly reduced
  • Annual Return can be signed by a Director in case of no Company Secretary
  • The requirement of minimum number of Board Meetings to be convened shall not apply to OPC unless more than 1 Director

However, in case of OPC having more than 1 Director, the OPC shall hold at least 1 Board Meeting in each half of calendar year and the gap between two meetings is not less than ninety days.

Extending the full-range of legal and advisory services to OPCs in India, AUDITING BAZAAR services also cover the statutory compliances by OPC regardless of the sector of its business or service.

 

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DIR-3 KYC https://auditingbazaar.in/product/dir-3-kyc/ https://auditingbazaar.in/product/dir-3-kyc/#respond Thu, 20 Jul 2023 23:53:22 +0000 https://auditingbazaar.in/?post_type=product&p=132

MCA (Ministry of Corporate Affairs) has introduced the new e-form DIR-3 KYC as per Rule 12A ‘Companies (Appointment and Qualification of Directors) Fourth Amendment Rules 2018. Along with this, MCA (Ministry of Corporate Affairs) has notified the restoration procedure for deactivated DIN (Director Identification Number) of the directors.

 

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DIR-3 KYC

MCA (Ministry of Corporate Affairs) has introduced the new e-form DIR-3 KYC as per Rule 12A of Companies (Appointment and Qualification of Directors) Fourth Amendment Rules 2018.

MCA has also notified the restoration procedure for deactivated DIN (Director Identification Number) of the directors.

Checkpoints involved while filing e-form DIR-3 KYC:

  1. Every Directors unique personal mobile number and email address will have to be provided while filing the eForm. This number and email address will be verified by an OTP (one-time password).
  1. Director is required to use his own Digital Signature while filing this e-Form.
  1. This eForm shall be certified by a practicing Company Secretary, or Chartered Accountant or Cost and Management Accountant.

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