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What are the requirements of Annual Corporate Filings in India?
What are the annual filing requirements of a Foreign Subsidiary in India?
What are the statutory compliances required for a Private Limited Company?
All the companies doing business in India, including subsidiaries of foreign companies, are required to file certain documents with the government authorities according to the requirements of the Companies Act of 2013, Income Tax Act and other applicable laws.
A private limited company is required to file the required documents with ROC and income tax authorities annually. It is also required to file Income Tax return, if applicable.
As a part of Annual Filing, companies incorporated in India
- including subsidiaries of foreign companies, joint venture
companies and others, under the Companies Act, 2013 and the
Rules there under are required to file the following documents along with the
e-Forms with the Registrar of Companies (RoC)
with
proper jurisdiction over the company:
| Purpose | Due Date | Documents | E-form |
|---|---|---|---|
| Filing of Annual Accounts | 30 days from the conclusion of the AGM | Balance Sheet, Profit & Loss Account, Auditors Report, Directors Report | Form AOC-4 and Form AOC-4 CFS (in case of Consolidated financial statements) |
| Filing of Annual Return | 60 days from the conclusion of the AGM | Statement of Affairs of Company | Form MGT-7 |
| Filing of Resolutions | 30 days from the date of Board Meeting | Shareholders Resolutions to adopt Annual Accounts, Directors Report | Form MGT-14 |
| Appointment of Auditor | 15 days from the conclusion of AGM | Appointment Letter for Auditor, Auditor’s Written Consent | ADT-1 |
| Filing of Cost Audit Report | 30 days from the receipt of Cost Audit Report | Cost Audit Report | Form CRA-4 (Mandatory for specified companies having turnover more than INR 35 crores |
This time the Balance Sheet and the Profit & Loss Accounts are to be filed as two separate documents with different e-forms;
Each e-Form along with the relevant attachment should be less than 2.5 MB.
The Annual Return, the Balance Sheet and the Profit & Loss Account are filed as attachments to the respective e-Forms. So far, the users have been filing the attachments as scanned images of those documents. Please note that a scanned copy considerably increases the size of the document besides being more expensive. As such, you are advised to use the Text file/ Excel sheets as such, convert the same into PDF by using the PDF converter (the software is available on the portal for a registered user without any charge) and upload these attachments as PDF documents.
The MCA21 database in respect of Authorized Capital and Paid-up Capital may not be correct. The companies have been requested to apply for correction of Master Data in this respect. Since this process is taking time, the Ministry will be accepting the Authorised Capital and Paid-up Capital figures as declared by the companies in the respective forms pertaining to Annual Filings. Accordingly, the companies are requested to declare the correct amount on these points without waiting for formal correction in the database.
The companies can do e-Filing in three different ways:
The company representative can upload the e-Forms from the MCA21 portal through the ‘Annual Filing Process’ link (after registering oneself as a user of the portal) at his convenience from his office/ home. This is the most convenient way for e-Filing.
The company representative can prepare the e-Form following the guidelines, copy them in a CD and go to the nearest Temporary Facilitation Offices (to be opened at Delhi, Mumbai, Kolkata, Chennai, Hyderabad, Bangalore, Ahmadabad, Pune, Kanpur and Jallandhar ) opened for the purpose of accepting Annual Filings e-Forms. During the normal days, the TFO staff will help the company representative to upload the form and generate a Challan. During last 10 days of Oct and Nov. CDs will be collected and an acknowledgment given. The files will be uploaded into the system subsequently and the company will have to download the challan from the link provided at the Annual Filing Corner of the portal after two working days of the submission. At Other locations where TFO’s/Collection Centre are not being opened, the eForms will be accepted at the existing Registrar’s Front Offices (RFO).
The company representative can also contact any of the Certified Filing Centers (CFCs) for the Annual Filing of e-Forms by paying the service charges to the CFCs. The details about the CFCs are available under the ‘CFC Corner’ on the MCA21 Portal.
Also see: Corporate Compliance Programs for Companies Doing Business in India
A Subsidiary of a foreign company in India is generally a private limited company. It is required to file all the documents mentioned above for a Private Limited Company. See: What are the requirements of Annual Corporate Filings in India?
A private limited company must hold a Board Meeting at least once in every 3 months. In addition to the Board Meetings, an Annual General Meeting must be conducted by the Private Limited Company, at east once every year. For details see: Corporate Compliance in India
Annual Filings and Corporate Compliance in IndiaIT is mandatory for companies in India to do annual filings and to set up corporate compliance program, if required. For annual filings and for setting up your company compliance program, contact us. |
Services Offered by UsMadaan & Co. has helped foreign companies, including USA Companies, in setting up their operations in India. A careful tax planning is required before opening a subsidiary, branch, joint venture, project office or liaison office in India. Click here to Contact us for setting up company in India |
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