ROC Annual Compliances of Private Limited Company

In India, Private Limited Companies are required to adhere to several ROC (Registrar of Companies) and MCA (Ministry of Corporate Affairs) annual compliances. These compliances are mandated by the Companies Act, 2013 and various rules thereunder. Failure to comply with these requirements can result in penalties and other legal consequences. Here is a detailed overview of the essential annual compliances, along with relevant sections of the Companies Act, 2013, due dates, and necessary details:

1. Annual General Meeting (AGM)
   - Section: 96
   - Requirement: A Private Limited Company must hold an AGM within six months from the end of the financial year, but not later than 15 months from the previous AGM.
   - Due Date: 30th September (if the financial year ends on 31st March).

2. Filing of Financial Statements (Form AOC-4)
   - Section: 137
   - Requirement: The financial statements, including consolidated financial statements, if any, must be filed with the ROC.
   - Due Date: Within 30 days from the date of the AGM.

3. Filing of Annual Return (Form MGT-7)
   - Section: 92
   - Requirement: An annual return containing details of the company’s shareholders, directors, and other details must be filed.
   - Due Date: Within 60 days from the date of the AGM.

4. Appointment of Auditor (Form ADT-1)
   - Section: 139
   - Requirement: The appointment of the auditor must be filed with the ROC.
   - Due Date: Within 15 days from the date of the AGM.

5. Director’s Report
   - Section: 134
   - Requirement: The Board of Directors must prepare a director’s report containing the company's financial performance, state of the company’s affairs, compliance with accounting standards, etc.
   - Due Date: Before the AGM and it should be part of the financial statements.

6. Income Tax Return Filing
   - Requirement: The company must file its income tax return using Form ITR-6.
   - Due Date: 30th September (if tax audit is not required).

7. Secretarial Audit Report (Form MR-3)
   - Section: 204
   - Requirement: Mandatory for companies with a paid-up share capital of ₹50 crore or more or turnover of ₹250 crore or more.
   - Due Date: Submitted along with the director's report at the AGM.

8. Cost Audit Report (Form CRA-4)
   - Section: 148
   - Requirement: Applicable to companies engaged in specific industries that require cost auditing.
   - Due Date: Within 30 days from the receipt of the cost audit report.

9. Filing of Financial Statements in XBRL Format (if applicable)
   - Section: 137
   - Requirement: Applicable to certain classes of companies such as listed companies and their Indian subsidiaries.
   - Due Date: Same as AOC-4 (within 30 days from the date of the AGM).

10. Maintenance of Statutory Registers
   - Requirement: Companies are required to maintain various statutory registers such as Register of Members, Register of Directors, etc.
   - Due Date: Ongoing compliance; must be updated regularly.

11. Directors’ KYC (DIR-3 KYC)
   - Requirement: Every director who has been allotted a DIN (Director Identification Number) must submit their KYC details.
   - Due Date: 30th September every year.

12. Deposit of Unclaimed Dividend (if applicable)
   - Section: 124
   - Requirement: Any dividend that has not been claimed within 30 days must be transferred to a special account.
   - Due Date: Within 30 days from the date of declaration of the dividend.

Additional Notes:

- Compliance Management: Maintaining a compliance calendar can help ensure timely adherence to all requirements.
- Penalties: Non-compliance can lead to significant penalties, including monetary fines and disqualification of directors.
- Professional Assistance: It is advisable to seek help from company secretaries, chartered accountants, or legal professionals to ensure all compliances are met.

Understanding and adhering to these compliances helps in maintaining good corporate governance and avoiding legal issues.