Structured Biiz

Annual Compliances
One Person Company (OPC)

Companies Act Compliances - After Incorporation

Particulars of Compliances

  • Bank Account needs to be opened by the OPC and the Paid up Share Capital needs to be deposited in the Current Account of the OPC.

    All the Companies having Share Capital registered on or after 2nd November, 2018 are required to file prescribed Form pertaining to Declaration of Commencement of Business with the ROC.

Timeline

  • Within 180 days of incorporation

Section under the LLP, 2008 & the rules framed thereunder

  • Section 10A
  • Issue of Share Certificates with the requisite Stamp Duty and delivery to the Subscribers to the Memorandum
  • Within 2 Months from the date of incorporation
  • Section 56 (4)
  • Every Director of the Company in the First Meeting of the Board of Director has to disclose his / her interest in other entities by giving a notice in writing in the prescribed Form MBP-1.
  • At the first Board Meeting of the Company (i.e., within 30 days of incorporation)
  • Section 184 (1)
  • Every Director of the Company shall file with the Company disclosure of non-disqualification for appointment as a Director.
  • Within 30 days of incorporation
  • Section 164
  • Appointment of an Auditor and intimation of appointment to the Registrar of Companies.
  • Within 30 days of incorporation by the Board of Directors at its first Board Meeting
  • Section 139 (6)
  • Filing of DIR KYC Form of a Director (Web DIR KYC, in case DIR KYC Form is already submitted)
  • Before 30th September of immediately next financial year
  • Rule 12A of the Companies (Appointment & Qualification of Directors) Rules, 2014)
  • Maintenance of Statutory Register
  • Section 46, 54, 62, 68, 73, 85, 88, 170, 186, 187, 189
  • Every Company shall paint or affix the name & address of Registered Office and keep the same painted/affixed, outside every office or place in which its business is carried on, in conspicuous position and legible letters.
  • Section 12
  • Every Company shall get its name, address of Registered Office, CIN, telephone/fax no. (if any) and email/website address (if any) printed on all business letters, bill heads, letter papers, Notices and other official publications.
  • Section 12

Companies Act Compliances - Annually

Particulars of Compliances

  • Every Director of the Company in the First Meeting of the Board of Director has to disclose his / her interest in other entities by giving a notice in writing in the prescribed Form MBP-1.

Timeline

  • First Board Meeting in every financial year; In case there’s any change in the disclosures made, then at the first Board Meeting held after such change.

Section under the LLP, 2008 & the rules framed thereunder

  • Section 184 (1)
  • Every Director of the Company shall file with the Company a declaration of non-disqualification for appointment as a Director.
  • First Board Meeting in every financial year
  • Section 164
  • Filing of DIR KYC Form of a Director (Web DIR KYC, in case DIR KYC Form is already submitted)
  • Before 30th September of immediately next financial year
  • Rule 12A of the Companies (Appointment & Qualification of Directors) Rules, 2014)
  • Re-appointment of an Auditor for a term of 5 years and intimation of re-appointment to the Registrar of Companies. Filing of Form - Once in 5 years, if re-appointed for a term of 5 years; Rectification of re-appointment of an Auditor every year in an Annual General Meeting. Filing of Form – Every year, if re-appointed for a term of one year)
  • Within 15 days of re-appointment
  • Section 139 (1)
  • Filing of Annual Return for the financial year 1st April till 31st March.

    In Case of OPC, there is no need to hold AGM.
  • Within 60 days from the date on which AGM should have been held (i.e., from the entry of ordinary resolution in Minute Book.)
  • Section 92
  • Filing of Balance Sheet along with statement of Profit and Loss Account and Director’s Report.
  • Within 180 days of the closure of the financial year.
  • Section 137 and sub rule of 12 of the Companies (Accounts) Rules, 2014.
  • OPC shall hold a minimum number of 2 (Two) meetings of its Board of Directors.
  • One Board Meeting in every half of a Calendar year. Minimum gap between both the meetings should be not less than 90 (Ninety) days.
  • Section 173
  • Intimation of regularisation of an Additional Director as a Director in an Annual General Meeting along with a declaration of non-disqualification for appointment as a Director.
    (Maximum 15 Directors can be appointed in an OPC)
  • Within 30 days of the appointment
  • Section 161 & Section 152 (4)
  • Section 98 and Section 100 to 111 are not applicable to One Person Company.

    Secretarial Standards not applicable to One Person Company.

Post Formation Compliance Package

Rs. 9,999/-*

inclusive of GST

  • Preparation of documents for opening a Current Account;
  • Filing of Certificate of Commencement of Business;
  • Appointment of First Auditor & filing of document in regard to the same;
  • Obtaining Statutory Declaration from a Director;
  • Filing of DIR-KYC of a Director;
  • Preparation of Statutory Registers ;
  • Preparation of First Minutes of the Board Meeting;
  • Issue of Share Certificates;
  • Post Formation Compliance Guidance!!
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(*Excluding Govt. Fees & reimbursements, if any. However, any Penalty levied due to delayed filing to be borne by the Company.)

OPC Compliance Package - Annual

Rs. 14,999/-*

Inclusive of GST

  • Obtaining Statutory Declaration from a Director;
  • Filing of DIR-KYC of a Director
  • Preparation of Statutory Registers
  • Preparation of Minutes of 2 Board Meeting
  • Preparation of Minutes of Annual General Meeting
  • Re-appointment of an Auditor / Rectification of re-appointment of an Auditor;
  • Filing of Annual Return;
  • Filing of Balance Sheet.
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(* Excluding Govt. fee and reimbursements, if any.
and any penalty levied due to delay from the Client's end.)