Have Query On Post Company Incorporation Filing Requirements??

Have Query On Post Company Incorporation Filing Requirements

Are you searching for the very next requirement after incorporation of a company ???  you are at the right place…….

Every company Incorporated under the Companies Act 2013 is mandatorily required to to adhere to certain filings immediately after company Incorporation. 

HOLD FIRST BOARD MEETING OF THE COMPANY

It is mandatory for every company to hold its first board meeting within 30 days from the date of Incorporation of the company as per section 171(3) of Companies Act 2013. This meeting is primarily held to decide upon various decisions to be taken for the proceedings of the company, such as Auditor Appointment, Bank Account opening etc

MAINTAIN REGISTERED OFFICE FOR THE COMPANY: FORM INC-22

During Incorporation the communication address that will be provided is only a temporary address and the same will be updated in the MCA Master Data initially. Every company is required to file E-form INC 22 with the Registrar of Companies within a period of 30 days of its incorporation verifying its registered office. The documents required for filing the registered office of a company is a follows:

  • Rental Agreement, Rent Receipt(only for rented premises), NOC 
  • Utility Bill(not older than 2 months)
  • Tax Receipt
  • Photograph of Registered Office exhibiting the external building and inside office also showing therein not less than one director/ KMP.

*Details to be included in the Name Board of the company:

  -Name of the company(To be filled in both English and in the Vernacular 

Filing of Form INC-22 includes an amount that will be required to be paid to the RoC, moreover any delay in filing will further have a late fee as prescribed in the provisions.

The company will not be enabled to file any other forms prior to filing of Form INC-22 thus ensuring mandatory filing of the Form.

FORM INC-20A-FOR FILING COMMENCEMENT OF BUSINESS

Further as per Section 10A of Companies Act 2013 and Companies (Incorporation Rules) 2014, every newly Incorporated Company has to file E Form INC 20 A -Declaration for Commencement of Business within 180 days of Incorporation.

Consequences for Non Filing of Form INC-20A:

  • The company cannot commence its business prior to filing of the form.
  • The company cannot exercise its borrowing powers until completing the filing.
  • Moreover, Registrar may initiate action for the removal of the name of the Company if the Company has not filed the form within stipulated time.

Filing of Form INC-20A includes an amount that will be required to be paid to the RoC, moreover any delay in filing will further have a late fee as prescribed in the provisions.

The following documents are required for filing of Form INC-20A with RoC:

  • Photograph of Registered Office exhibiting the external building and inside office also showing not less than one director/ KMP.
  • Copy of the Bank statement of the Company evidencing the receipt of subscription money bought in by the members of the Company. 
FORM ADT-1 APPOINTMENT OF AUDITOR

Every company incorporated under the Act is mandatorily required to appoint its first auditor within 30 days of its incorporation. The first auditor of the company should be appointed by the board of directors.

  • The relevant documents evidencing Auditor Appointment needs to be drafted and the Form ADT-1 has to be filed with the RoC.
DOCUMENTS TO BE MAINTAINED IN COMPANIES REGISTERED OFFICE

Every company Incorporated under the Act is mandatorily required and binded by the rules and regulations to maintain its books of accounts and related documents in the registered office of the company. The company is to preserve and maintain the following documents:

  • Certificate of Incorporation
  • Memorandum of Association
  • Alteration of Association
  • Other Incorporation Documents & Filings
  • Other Registration certificates procured by the company
  • The company’s statutory registers, like the Register of Members.

It is very crucial to know and adhere to the rules and regulations laid down in the Companies Act by every company for its smooth and successful running of business. Hence due care should be taken for complying with these requirements.