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Company, LLP, and OPC Compliance and Related Processes

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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).
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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.
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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.
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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).
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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.
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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.

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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.
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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.
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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.
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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.

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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.

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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.

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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.

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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.
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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.
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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.
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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.
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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.
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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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