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Post incorporation compliance for New company

Written By Admin on Friday, 21 August 2015 | Friday, August 21, 2015

Compliance under Companies Act, 2013

1.         First Board meeting
Pursuant to section 173(1), The Company shall convene its first board meeting within 30 days from the date of incorporation to consider the following matters:
-Taking on record the Certificate of incorporation (Section 7(4))
-Noting of situation of registered office address (Section 12(1))
-Noting of first directors
-Approval of preliminary expenses
-Approval of opening of a current account (Section 11)
-Appointment of statutory auditors (Section 139(6))
-Issue of share certificate (Section 56(4)(a))
-Approval of Common seal (Section 3(b))
-Authorise director to maintain Books and Registers (Section 18)
-Authorise director to maintain minute book (Section 118(1))
-Adopt rubber stamp
-other matters

2.         Appointment of statutory auditors
Pursuant to section 139(6)(1) the first auditor of the Company shall be appointed by the Board of Directors within 30 days from the date of registration of the Company and in case of failure of the Board to appoint such auditor, it shall inform the members of the Company, who shall within 90 days at an extraordinary general meeting appoint such auditor and such auditor shall hold office till the conclusion of the first annual general meeting.

The Company has to file ADT-1 with ROC.
3.         Allotment of the securities
Pursuant to section 56(4)(a), every company shall, deliver the certificates of all securities allotted, transferred or transmitted within a period of 2 months from the date of incorporations, in case of subscribers to the memorandum.

Therefore it is mandatory to open bank account and after opening of company’s bank account, each subscribers to the memorandum of association should deposit the amount of subscription money of the shares agreed to be taken by him.  

4.         Filing of e-form INC-22 with ROC
Pursuant to section 12, a Company has to file set up its registered office within 15 days from the date of information and within 30 days from the date of incorporation they have to file e-form INC-22.

5.         Appointment of Company secretary
To appoint a Practising Company Secretary as a compliance officer in the 1st board meeting for complying legal services

6.         Disclosure of director’s interest in form MGT 14
Pursuant to section 184(1), present and new directors are required to disclose their concern or interest to companies and thereafter the Company has to file form MGT 14 with ROC.

7.         Annual filing of Financial statements
The Company required to file annually financial statements and annual return every financial year before due date with ROC. 

Other Registration
8.         Application for PAN/TAN in the name of Company
9.         Registration of VAT/CST/Service tax  (If applicable)
10.     Application for IEC (Import Export Code)
11.     Application for Shop Act License (as per Bombay Shop and Establishment Act)
12.     Registration of Profession tax

Corporate Stationery

As per Section 12(3), Every Company shall-

a) paint or affix its name, and the address of its registered office, and keep the same painted or affixed, on the outside of every office or place in which its business is carried on, in a conspicuous position, in legible letters, and if the characters employed therefor are not those of the language or of one of the languages in general use in that locality, also in the characters of that language or of one of those languages;
(b) have its name engraved in legible characters on its seal;
(c) get its name, address of its registered office and the Corporate Identity Number along with telephone number, fax number, if any, e-mail and website addresses, if any, printed in all its business letters, billheads, letter papers and in all its notices and other official publications; and
(d) have its name printed on hundies, promissory notes, bills of exchange and such other documents as may be prescribed:

Other requirements
-          -Keep 2 rubber stamps -  one in the name of the company and the other one in the name of company director
-          -Get common seal
-          =Get statutory register

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