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MCA COMPLIANCE
MCA compliance in India refers to the regulatory requirements that companies registered with the Ministry of Corporate Affairs (MCA) need to fulfill. The MCA is a government body responsible for regulating corporate affairs and administering company law in India. Compliance with MCA regulations is essential to ensure transparency, legal adherence, and proper functioning of businesses. MCA Compliances are very important for all companies & Limited Liabilities Partnerships.
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Following are common MCA compliances applicable :-
For Private Limited Companies & Section 8 Companies
⦁ MGT 7
It is Annual return to be filed by companies giving details about shareholders, Directors, Shares, Debentures etc. It is to be filed within 60 days of the Annual General Meeting (AGM).
⦁ AOC 4
It contains financial statements details about the company with the MCA within 30 days from the date of the AGM.
⦁ Board Meetings:
To conduct minimum of four board meetings in a year with a gap of not more than 120 days between two consecutive meetings.
⦁ Appointment and Rotation of Auditors:
First auditor is appointed by the BOD and he holds office until the first AGM. At the first AGM, shareholders can ratify the appointment of the auditor or they can appoint a new auditor. He holds office from the conclusion of that meeting until the conclusion of its sixth AGM.
⦁ Filing of Changes:
First auditor is appointed by the BOD and he holds office until the first AGM. At the first AGM, shareholders can ratify the appointment of the auditor or they can appoint a new auditor. He holds office from the conclusion of that meeting until the conclusion of its sixth AGM.
⦁ DIR 3 KYC
To be filed on or before 30th September every year for all DIN holders. To file DIR 3 KYC supporting documents such as a Aadhar card,, Passport or driving licence etc as part of the KYC process are required
KEY ASPECTS OF MCA COMPLIANCE
It’s important for companies to stay informed about changes in regulations and ensure timely compliance to avoid penalties and legal issues. Seeking assistance from professionals such as company secretaries and chartered accountants is common to ensure accurate compliance with MCA regulations in India.
Annual compliances for Limited Liability Partnerships (LLPs):
⦁ Form - 11
It is required to file Form 11 with RoC on or before May 30th of each financial year.
⦁ Form 8
It is required to file Form 8 with RoC within 30 days from the end of six months of the financial year. It is the Statement of Account and Solvency to be filed with ROC
⦁ Form 3 and Form 4
Form 3 and form 4 are related to LLP agreement initial submission and for any change in LLP for changes in the name or address of designated partners. Notarised LLP agreement is to be submitted within 30 days of incorporation.