Skip to content
HomeBlogCompliances for Private Limited Company
Uncategorized

Compliances for Private Limited Company

Subhodeep
November 12, 2024
11 min read

Completing the registration of your private limited company is a significant milestone. However, the journey doesn’t end there. Ensuring pvt ltd compliance is crucial to keep your business legally sound and operational. This comprehensive guide outlines the post-registration steps for pvt ltd companies, helping you navigate the next steps after registration and effectively manage your business setup after incorporation.

After the incorporation of your private limited company, there are several mandatory and strategic steps you need to undertake. These steps ensure that your company complies with legal requirements and is set up for successful operations. Ignoring pvt ltd compliance can lead to penalties and hinder your business growth.

1. Obtain the Certificate of Incorporation

The Registrar of Companies (ROC) issues the Certificate of Incorporation, confirming that your company is legally registered. This certificate includes your Corporate Identity Number (CIN), which is essential for all future legal and compliance matters.

2. Apply for Permanent Account Number (PAN) and Tax Account Number (TAN)

Although the PAN and TAN are usually allotted during the incorporation process, it’s vital to ensure you have received these documents.

  • PAN (Permanent Account Number): Required for all financial and tax-related transactions.
  • TAN (Tax Account Number): Necessary for deducting and remitting tax at source.

3. Open a Company Bank Account

One of the immediate next steps after registration is opening a bank account in the company’s name.

Steps to Open a Company Bank Account

  1. Choose a Bank: Select a bank that suits your business needs.
  2. Prepare Required Documents: Certificate of Incorporation, PAN, Memorandum of Association (MOA), Articles of Association (AOA), identity proofs of directors.
  3. Submit Application: Fill out the account opening form and submit the documents.
  4. Initial Deposit: Make the initial deposit as required by the bank.

4. Deposit Paid-up Capital

As per pvt ltd compliance requirements, the shareholders must deposit the subscribed share capital mentioned in the MOA into the company’s bank account.

5. Issue Share Certificates to Subscribers

Within two months of incorporation, the company must issue share certificates to its shareholders, evidencing their ownership in the company.

Table 1: Timeline for Issuing Share Certificates

TaskTimeline
Issue Share CertificatesWithin 2 months
Collect Share Subscription MoneyBefore Issuing

6. Maintain Statutory Registers

Maintaining statutory registers is a critical aspect of pvt ltd compliance. These records are required by law and must be updated regularly.

Important Statutory Registers

  • Register of Members
  • Register of Directors and Key Managerial Personnel
  • Register of Charges
  • Register of Investments

7. Appoint an Auditor

Within 30 days of incorporation, appoint a practicing Chartered Accountant as the company’s auditor.

Steps to Appoint an Auditor

  1. Board Resolution: Pass a resolution in the board meeting.
  2. Consent Letter: Obtain a consent letter from the auditor.
  3. File ADT-1 Form: Notify the ROC about the appointment.

8. Obtain Necessary Licenses and Permits

Depending on your business activities, you may need specific licenses or permits.

Common Licenses Required

  • Goods and Services Tax (GST) Registration
  • Import Export Code (IEC) if dealing in international trade
  • Professional Tax Registration

9. Register for GST

If your company’s turnover exceeds the threshold limit or if you deal in interstate supply, GST registration is mandatory.

GST Registration Process

  1. Apply Online: Visit the GST portal.
  2. Submit Documents: PAN, address proof, bank details.
  3. Verification: Await verification and approval.

10. Compliance with Shops and Establishment Act

Register your company under the local Shops and Establishment Act within 30 days.

Documents Required

  • PAN Card of Company
  • Certificate of Incorporation
  • Address Proof

11. Set Up Accounting Systems

Implement an accounting system to record all financial transactions.

Benefits of Proper Accounting

  • Ensures Financial Compliance
  • Facilitates Tax Filings
  • Provides Financial Insights

12. Comply with Labour Laws

If you plan to hire employees, comply with applicable labour laws.

Key Labour Law Compliances

  • Provident Fund (PF) Registration
  • Employee State Insurance (ESI) Registration
  • Professional Tax

13. Conduct First Board Meeting

As per pvt ltd compliance, conduct the first board meeting within 30 days of incorporation.

Agenda for First Board Meeting

  • Appointment of Chairperson
  • Appointment of First Auditor
  • Disclosure of Interest by Directors

14. Issue Letter of Appointment to Directors

Provide formal letters of appointment to all directors, outlining their roles and responsibilities.

15. File Form INC-20A (Declaration for Commencement of Business)

Within 180 days of incorporation, file Form INC-20A to the ROC, declaring that you have commenced business.

Consequences of Non-Compliance

  • Penalties
  • Company Strike Off

16. Prepare Company Seal

Although not compulsory, having a company seal authenticates official documents.

17. Update Company Information at Various Places

Ensure that your company details are updated in all official materials.

  • Letterheads
  • Website
  • Invoices

18. Ensure Compliance with Annual Filings

Stay aware of annual compliance requirements to avoid penalties.

Annual Compliance Checklist

  • Annual Return (Form MGT-7)
  • Financial Statements (Form AOC-4)
  • Income Tax Return

19. Intellectual Property Registration

To protect your brand, consider registering trademarks, patents, or copyrights.

Benefits of IP Registration

  • Legal Protection
  • Brand Recognition
  • Competitive Advantage

20. Plan for Business Operations

Set up business processes, hire staff, and start operations.

Steps for Business Setup After Incorporation

  • Set Up Office Space
  • Hire Key Personnel
  • Establish Vendor Relationships

21. Obtain Business Insurance

Protect your business against unforeseen risks.

Types of Business Insurance

  • General Liability Insurance
  • Property Insurance
  • Employee Insurance

22. Implement Corporate Governance Practices

Adopt best practices for effective management.

  • Code of Conduct
  • Ethics Policy
  • Whistleblower Policy

23. Stay Updated with Regulatory Changes

Keep abreast of changes in laws and regulations affecting your business.

Completing the registration of your private limited company is a significant milestone. However, the journey doesn’t end there. Ensuring pvt ltd compliance is crucial to keep your business legally sound and operational. This comprehensive guide outlines the post-registration steps for pvt ltd companies, helping you navigate the next steps after registration and effectively manage your business setup after incorporation.

After the incorporation of your private limited company, there are several mandatory and strategic steps you need to undertake. These steps ensure that your company complies with legal requirements and is set up for successful operations. Ignoring pvt ltd compliance can lead to penalties and hinder your business growth.

1. Obtain the Certificate of Incorporation

The Registrar of Companies (ROC) issues the Certificate of Incorporation, confirming that your company is legally registered. This certificate includes your Corporate Identity Number (CIN), which is essential for all future legal and compliance matters.

2. Apply for Permanent Account Number (PAN) and Tax Account Number (TAN)

Although the PAN and TAN are usually allotted during the incorporation process, it’s vital to ensure you have received these documents.

  • PAN (Permanent Account Number): Required for all financial and tax-related transactions.
  • TAN (Tax Account Number): Necessary for deducting and remitting tax at source.

3. Open a Company Bank Account

One of the immediate next steps after registration is opening a bank account in the company’s name.

Steps to Open a Company Bank Account

  1. Choose a Bank: Select a bank that suits your business needs.
  2. Prepare Required Documents: Certificate of Incorporation, PAN, Memorandum of Association (MOA), Articles of Association (AOA), identity proofs of directors.
  3. Submit Application: Fill out the account opening form and submit the documents.
  4. Initial Deposit: Make the initial deposit as required by the bank.

4. Deposit Paid-up Capital

As per pvt ltd compliance requirements, the shareholders must deposit the subscribed share capital mentioned in the MOA into the company’s bank account.

5. Issue Share Certificates to Subscribers

Within two months of incorporation, the company must issue share certificates to its shareholders, evidencing their ownership in the company.

Table 1: Timeline for Issuing Share Certificates

TaskTimeline
Issue Share CertificatesWithin 2 months
Collect Share Subscription MoneyBefore Issuing

6. Maintain Statutory Registers

Maintaining statutory registers is a critical aspect of pvt ltd compliance. These records are required by law and must be updated regularly.

Important Statutory Registers

  • Register of Members
  • Register of Directors and Key Managerial Personnel
  • Register of Charges
  • Register of Investments

7. Appoint an Auditor

Within 30 days of incorporation, appoint a practicing Chartered Accountant as the company’s auditor.

Steps to Appoint an Auditor

  1. Board Resolution: Pass a resolution in the board meeting.
  2. Consent Letter: Obtain a consent letter from the auditor.
  3. File ADT-1 Form: Notify the ROC about the appointment.

8. Obtain Necessary Licenses and Permits

Depending on your business activities, you may need specific licenses or permits.

Common Licenses Required

  • Goods and Services Tax (GST) Registration
  • Import Export Code (IEC) if dealing in international trade
  • Professional Tax Registration

9. Register for GST

If your company’s turnover exceeds the threshold limit or if you deal in interstate supply, GST registration is mandatory.

GST Registration Process

  1. Apply Online: Visit the GST portal.
  2. Submit Documents: PAN, address proof, bank details.
  3. Verification: Await verification and approval.

10. Compliance with Shops and Establishment Act

Register your company under the local Shops and Establishment Act within 30 days.

Documents Required

  • PAN Card of Company
  • Certificate of Incorporation
  • Address Proof

11. Set Up Accounting Systems

Implement an accounting system to record all financial transactions.

Benefits of Proper Accounting

  • Ensures Financial Compliance
  • Facilitates Tax Filings
  • Provides Financial Insights

12. Comply with Labour Laws

If you plan to hire employees, comply with applicable labour laws.

Key Labour Law Compliances

  • Provident Fund (PF) Registration
  • Employee State Insurance (ESI) Registration
  • Professional Tax

13. Conduct First Board Meeting

As per pvt ltd compliance, conduct the first board meeting within 30 days of incorporation.

Agenda for First Board Meeting

  • Appointment of Chairperson
  • Appointment of First Auditor
  • Disclosure of Interest by Directors

14. Issue Letter of Appointment to Directors

Provide formal letters of appointment to all directors, outlining their roles and responsibilities.

15. File Form INC-20A (Declaration for Commencement of Business)

Within 180 days of incorporation, file Form INC-20A to the ROC, declaring that you have commenced business.

Consequences of Non-Compliance

  • Penalties
  • Company Strike Off

16. Prepare Company Seal

Although not compulsory, having a company seal authenticates official documents.

17. Update Company Information at Various Places

Ensure that your company details are updated in all official materials.

  • Letterheads
  • Website
  • Invoices

18. Ensure Compliance with Annual Filings

Stay aware of annual compliance requirements to avoid penalties.

Annual Compliance Checklist

  • Annual Return (Form MGT-7)
  • Financial Statements (Form AOC-4)
  • Income Tax Return

19. Intellectual Property Registration

To protect your brand, consider registering trademarks, patents, or copyrights.

Benefits of IP Registration

  • Legal Protection
  • Brand Recognition
  • Competitive Advantage

20. Plan for Business Operations

Set up business processes, hire staff, and start operations.

Steps for Business Setup After Incorporation

  • Set Up Office Space
  • Hire Key Personnel
  • Establish Vendor Relationships

21. Obtain Business Insurance

Protect your business against unforeseen risks.

Types of Business Insurance

  • General Liability Insurance
  • Property Insurance
  • Employee Insurance

22. Implement Corporate Governance Practices

Adopt best practices for effective management.

  • Code of Conduct
  • Ethics Policy
  • Whistleblower Policy

23. Stay Updated with Regulatory Changes

Keep abreast of changes in laws and regulations affecting your business.

Conclusion

Completing the incorporation of your private limited company is just the beginning. Ensuring pvt ltd compliance through these post-registration steps for pvt ltd is crucial for the smooth running of your business. By diligently following these next steps after registration, you lay a solid foundation for your company’s success.

Adhering to legal requirements not only avoids penalties but also builds credibility with stakeholders. As you proceed with your business setup after incorporation, remember that compliance is an ongoing process that demands attention and diligence.

Table 2: Summary of Post-Registration Steps

StepTimelineAction Required
Obtain Certificate of IncorporationUpon registrationReceive from ROC
Apply for PAN and TANImmediatelyEnsure you have received these documents
Open Bank AccountImmediateChoose bank and submit required documents
Deposit Paid-up CapitalAfter bank account is openedDeposit subscription money
Issue Share CertificatesWithin 2 monthsIssue to shareholders
Appoint AuditorWithin 30 daysPass board resolution and file ADT-1
File INC-20AWithin 180 daysDeclare commencement of business
Conduct First Board MeetingWithin 30 daysSchedule and record minutes
Register under Shops and Establishment ActWithin 30 daysSubmit application and documents
GST RegistrationBased on turnoverApply online
Annual FilingsAnnuallyPrepare and submit forms

By following this guide, you ensure that your company not only complies with legal obligations but is also strategically positioned for growth and success. Keep this checklist handy as you navigate the exciting journey of building your business.

Remember, compliance is not a one-time activity but a continuous process that supports the sustainable growth of your company. Stay proactive, seek professional advice when necessary, and focus on building a robust foundation for your business.

Completing the incorporation of your private limited company is just the beginning. Ensuring pvt ltd compliance through these post-registration steps for pvt ltd is crucial for the smooth running of your business. By diligently following these next steps after registration, you lay a solid foundation for your company’s success.

Adhering to legal requirements not only avoids penalties but also builds credibility with stakeholders. As you proceed with your business setup after incorporation, remember that compliance is an ongoing process that demands attention and diligence.

Table 2: Summary of Post-Registration Steps

StepTimelineAction Required
Obtain Certificate of IncorporationUpon registrationReceive from ROC
Apply for PAN and TANImmediatelyEnsure you have received these documents
Open Bank AccountImmediateChoose bank and submit required documents
Deposit Paid-up CapitalAfter bank account is openedDeposit subscription money
Issue Share CertificatesWithin 2 monthsIssue to shareholders
Appoint AuditorWithin 30 daysPass board resolution and file ADT-1
File INC-20AWithin 180 daysDeclare commencement of business
Conduct First Board MeetingWithin 30 daysSchedule and record minutes
Register under Shops and Establishment ActWithin 30 daysSubmit application and documents
GST RegistrationBased on turnoverApply online
Annual FilingsAnnuallyPrepare and submit forms

By following this guide, you ensure that your company not only complies with legal obligations but is also strategically positioned for growth and success. Keep this checklist handy as you navigate the exciting journey of building your business.

Remember, compliance is not a one-time activity but a continuous process that supports the sustainable growth of your company. Stay proactive, seek professional advice when necessary, and focus on building a robust foundation for your business.

Related Posts