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Company, LLP, and OPC Compliance and Related Processes
What are the compliance requirements for a company in India?
Every company in India must adhere to these basic compliances:
- 1. Annual Return Filing (MGT-7): Filed within 60 days of the AGM.
- 2. Financial Statements (AOC-4): Filed within 30 days of the AGM.
- 3. Board Meetings: Minimum 4 per year for a public company; 2 for a private company.
- 4. Statutory Audit: Conducted annually by a registered auditor.
- 5. Income Tax Returns: Filed annually by September 30 (non-tax audit cases may vary).
- 6. Other Filings: ADT-1, DPT-3, and MSME declarations (if applicable).
What are the compliance requirements for an LLP?
Key LLP compliances include:
- 1. Annual Return Filing (Form 11): Filed by May 30 every year.
- 2. Statement of Accounts & Solvency (Form 8): Filed by October 30 every year.
- 3. Income Tax Returns: Filed annually by July 31 (non-tax audit cases).
- 4. GST Returns: If registered under GST.
- 5. Event-Based Filings: For changes in partners, capital, or other structural changes.
What are the compliance requirements for an OPC (One Person Company)?
OPC compliance includes:
- 1. Annual Return (Form MGT-7A): Filed within 60 days of the end of the financial year.
- 2. Financial Statements (AOC-4): Filed within 180 days of the financial year-end.
- 3. Income Tax Returns: Filed annually.
- 4. Event-Based Filings: For changes in director, registered office, or authorized capital.
How can I change the name of my company?
To change the company name:
- 1. Pass a special resolution in the general meeting.
- 2. File Form MGT-14 with the resolution copy.
- 3. File Form INC-24 for name approval from the Registrar of Companies (RoC).
- 4. Update the Memorandum of Association (MOA) and Articles of Association (AOA).
How do I change the registered office of a company?
The procedure depends on the type of change:
- 1. Within the same city: File Form INC-22 with the RoC.
- 2. Within the same state but different city: Pass a board resolution and file Form INC-22.
- 3. From one state to another:
- Pass a special resolution.
- Obtain approval from Regional Director (Form INC-23).
- File Form INC-22 after RD approval.
What is DIN eKYC Filing?
Directors must annually update their Director Identification Number (DIN) through Form DIR-3 KYC to ensure its activation. Filing must be completed by September 30 each year, or a penalty of ₹5,000 applies.
How to reactivate a deactivated DIN?
To reactivate a DIN:
- 1. File DIR-3 KYC with late fees of ₹5,000.
- 2. Ensure compliance with other pending filings linked to the DIN.
How can I change a director in a company?
- 1. Appointment of Director:
- Pass a board resolution and obtain consent via Form DIR-2.
- File Form DIR-12 with the RoC.
- 2. Resignation/Removal of Director:
- File Form DIR-12 with the resignation letter or removal resolution.
How to remove a director from a company?
- 1. Convene a board meeting to discuss removal.
- 2. Issue notice for a shareholders' meeting.
- 3. Pass an ordinary resolution in the meeting.
- 4. File Form DIR-12 with the resolution and related documents.
What is ADT-1 filing?
Form ADT-1 is filed to notify the appointment or reappointment of an auditor to the RoC. It must be filed within 15 days of the AGM or board resolution.
What is DPT-3 filing?
DPT-3 is an annual return to report deposits or outstanding loans that qualify as deposits. Filing is mandatory by June 30 each year.
What is LLP Form 11 filing?
Form 11 is the Annual Return of an LLP, detailing the partners’ details and changes. It must be filed by May 30 each year.
How can a company apply for dormant status?
File Form MSC-1 with RoC along with a special resolution and other documents. Dormant status is granted to inactive companies not carrying on any business.
How can a company amend its MOA or AOA?
- 1. Pass a special resolution in a general meeting.
- 2. File Form MGT-14 with the RoC, along with the revised MOA or AOA.
How can authorized capital be increased?
- 1. Amend the company’s MOA through a special resolution.
- 2. File Form SH-7 with the RoC within 30 days of the resolution.
How to transfer shares in a private company?
- 1. Execute a share transfer deed (Form SH-4).
- 2. Pay the applicable stamp duty.
- 3. Update the share register and issue new share certificates.
How to dematerialize shares?
- 1. Open a Demat account with a Depository Participant (DP).
- 2. Submit a Dematerialization Request Form (DRF) with physical share certificates.
- 3. The DP processes the demat request and credits shares to your account.
How to wind up an LLP?
- 1. File Form 24 for voluntary winding up.
- 2. Settle all outstanding liabilities and obtain partner consent.
- 3. Submit necessary declarations and affidavits.
How to wind up a company?
Winding up can be:
- 1. Voluntary Winding Up:
- Pass a special resolution.
- File applications with RoC and NCLT for closure.
- 2. Compulsory Winding Up:
- Ordered by NCLT for non-compliance or insolvency.
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