ROC Compliance Services in India

Companies and Limited Liability Partnerships (LLPs) operating in India, registered under the Companies Act, 2013, and the Limited Liability Partnership Act, 2008, are required to adhere to annual submission and declaration filing procedures with the Registrar of Companies (ROC) within prescribed deadlines. Failure to comply may result in penal charges as per Indian regulations.

In addition, companies and LLPs must submit their Income Tax Return on time, regardless of the entity's income, profit, or loss.

The Registrar of Companies (ROC), operating under the Ministry of Corporate Affairs (MCA), issues Registration/Incorporation Certificates to Indian Companies and LLPs, facilitates their closure, and oversees their administrative processes. The ROC is responsible for recording various documents from registered Companies and LLPs, and approving or taking necessary actions as required.

The following documents finalized by the entity in Board Meetings held as per schedule are submitted to the ROC:

• Details of Directors
• Financial Statements
• Board Reports
• Annual Return
• Company Resolutions (of all types)

The ROC accepts submissions of Company Resolutions (as per Section 117 of the Companies Act, 2013), Annual Accounts (as per Section 129(3), 137 of The Companies Act, 2013, read with Rule 12 of the Company (Accounts) Rules, 2014), and Annual Returns (as per Section 92 of The Companies Act, 2013, read with Rule 11 of the Companies (Management and Administration) Rules, 2014) within 30 days (for Company Resolutions and Annual Accounts) and 60 days respectively after the conclusion of the Board Meeting.

The ROC also verifies that the Financial Statements provided by the entity are duly approved by the Shareholders and signed by the authorized Chairperson, as per Section 134 of the Companies Act, 2013, during the Meeting.

ROC filing compliance offers several benefits for your business in India. Here are some key advantages:

• Enhanced Transparency and Credibility: Regularly filing ROC documents demonstrates your commitment to transparency and good corporate governance. This builds trust with stakeholders like investors, customers, and lenders.
• Facilitates Business Operations: Timely ROC filings are essential for various business activities. These include opening bank accounts, securing loans, and entering into contracts. Delays or non-compliance can hinder these operations.
• Avoids Penalties and Legal Issues: Missing ROC filing deadlines can lead to hefty penalties and even legal trouble. Maintaining compliance ensures you stay on the right side of the law and avoid unnecessary complications.
• Improved Organization and Record Keeping: The ROC filing process requires you to maintain accurate and up-to-date records of your company's activities. This promotes better internal organization and makes it easier to track your company's financial health and legal standing.
• Peace of Mind: Knowing your ROC filings are in order gives you peace of mind and allows you to focus on running your business smoothly.

Here are some additional benefits depending on the specific filings:

• Maintaining Accurate Shareholder Information: ROC filings ensure your company's shareholder records are accurate and up-to-date. This prevents potential disputes and simplifies future transactions.
• Demonstrates Fulfillment of Legal Obligations: Compliance showcases your commitment to following the Companies Act and adhering to legal regulations.

By ensuring ROC filing compliance, you not only avoid penalties but also establish your business as a responsible and trustworthy entity.

For DIR-3 KYC:

Director’s Details, such as nationality, citizenship details, gender, date of birth, PAN Number, Voter ID, Passport (mandatory if a foreign national is holding a DIN), Driving License, Aadhaar Card, Director’s communication address, mobile, and Email ID.

Note: Attestation required on the documents to be provided as mentioned above by Practising Professionals, such as CA, CS, Cost Accountant, Foreign Approval Office, etc.

Applicant’s digital signature (DSC)

Applicant’s declaration letter duly attested by practising authority

For ADT-1:

Auditor’s Details, such as name of auditor/auditor’s firm, PAN Number of auditor/auditor’s firm, Registration Number of auditor’s firm, Auditor’s Appointment Terms and Conditions, Auditor’s communication address and Email ID, Date of Annual General Meeting (AGM), etc.

Company’s Board Resolution copy

Auditor’s Appointment Letter by the Company

Written consent of auditor and certificate of eligibility of the auditor who is appointed by the Company

For AOC-4:

Company Details, such as CIN (Corporate Identity Number) Number, Appointed Auditor’s Details, Date of Board of Directors where Financial Statements and Boards’ Reports are finalized, Date of AGM

All Income Records, such as Balance Sheet with Notes, Profit and Loss Statements with Notes, Cash Flow Statement, Statement of Change in Equity, etc.

Copy of Financial Statements duly authenticated as per section 134 (including Board’s report, auditors’ report, and other documents)

Statement of Subsidiaries as per Section 129 – Form AOC-1

Statement of the Facts and Reasons for not implementing the Financial Statements in the Annual General Meeting (AGM)

Statement of the Facts and Reasons for not holding the AGM

Approval letter of Extension of Financial Year or AGM

Supplementary or Test Audit Report u/s 143

Company CSR policy as per Sub-Section (4) of Section 135

Details of other entity(s)

Details of salient features and justification for entering into Contracts/Arrangements/Transactions with related parties as per Sub-Section (1) of Section 188 – Form AOC-2

Details of Comments of CAG of India

Secretarial Audit Report

Directors’ report as per Sub-Section (3) of Section 134

Details of remaining CSR activities

Optional attachment(s), if any

Note: The data presented in AOC-4 should be approved by Director, Manager, CFO, and CEO and should include their declaration. A Practicing Chartered Accountant and Company Secretary should also give a declaration of authenticity of the data presented in AOC-4

For MGT-7:

Company Details, such as Company PAN, Information of Business Activities, Details of Shareholding, Subsidiary, Joint Venture, and Associate Company, Number of Members, Remuneration of Directors and Key Managerial Personnel, Promoters and Debentures, Indebtedness, Penalties/Punishment/Compounding of Sentence

Attachments, including List of Shareholders, Debenture Holders, Approval Letter for Extension of AGM, Copy of MGT-8, Optional Attachment(s), if any

For MGT-14:

CIN (Corporate Identification Number)

Company Details, such as Name, Address of the Office, Contact details, like Email, etc.

Details of Resolution to declare, such as Copy of Agreement/Resolution passed, Dispatch Date, Passing Date, Number of Resolutions, etc.

Any changes in Articles or Changes to be in effect in the Company that is reflected in the resolution

Explanatory Statement with all the details of Resolution(s), including the purpose, subject matter, and the authority under which the resolution is being passed

Details of such resolution, in case any Company winds up

For Form 11:

Details of LLP and/or Company in which partners/designated partners (DP) are directors/partners (mandatory, if any partner/designated partner is a partner of LLP or director in any other company)

Any other relevant information as optional attachment

For Form 8:

Disclosure under Micro, Small and Medium Enterprises Development Act, 2006 (mandatory)

Audited Financial Statement (if applicable)

Statement of Contingent Liability (if contingent liability exists)

Any additional documents (if required)

For MSME Form-1:

Supplier details, such as Name of supplier, PAN of supplier

Due amount of supplies of goods/services

Date from which the amount is due

Reason of delay in payment of the due amount

• Consultation
• Commencement of Business Certificate (if requested)
• DIN Registration (if requested)
• Preparation, cross-checking, verification, attestation, and authentication of documents (wherever applicable)
• Application drafting and processing
• Annual ROC form filing
• ITR filing (if requested)
• Form submission updates
• Fee processing

We'll be including the Incorporation Certificate as per demand and thereafter providing our Annual ROC Filing service based on the Company Type.

Step-1) Provide Information of Application

Based on the ROC Filing Package you choose, you must provide us with the necessary information for ROC Annual Filing in advance. This allows us sufficient time for checking, drafting, and finalizing all the documents before the due date to avoid penalties. Any insufficient or faulty information causing delays in document processing will not be our liability.

Step-2) Document Preparation and Record

We'll communicate with you regarding the preparation of necessary documents, offering expert opinions where required. Upon your request, we'll prepare records/documents based on the information/data provided, such as Financial Statements, Annual Report, Director’s Report, Board Resolution, etc. You'll receive updates on each document prepared, seeking your assistance/feedback as required.

Step-3) ROC Form Filing

Once the documents, information, and records are finalized, crosschecked, and ready, we'll begin filing your Annual ROC Form as per the chosen package. Please note, we will not be liable for any penalties resulting from late filing due to delayed communication from your side.

Step-4) ROC Form Submission Status Update

We'll keep you informed about the status of ROC Filing and provide you with all the documents prepared from our side.