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Annual One Person Company Compliances
A OPC Compliance is formed pursuant to the provisions of company Act 2013. For the registration of a one person company it is mandatory to have 1 Directors and 1 Shareholder. It is not necessary to have two different people to be part of the company; a person can act as both the shareholder and one of the directors. It is a must by law for every company to do OPC Compliance of private limited company, the due dates of which are prescribed under the companies act, 2013 accordingly.
OPC Compliance is mandatory to be done even if the company is not in business operations and is having nil turnover, else heavy penalties is prescribed under the act for the non compliance. The list of statutory compliances for companies in India is prescribed under the companies act, 2013 and their relevant rules thereof.
At Unilex Consultants we provide you a hassle free OPC Compliance which would be dealt by our professionals within a short time frame Our team takes care of the compliances for private limited company under companies act, 2013 and aids in provide you the realistic estimation of cost of Annual Return for OPC Compliance.
Annual Return for One Person Company
DIN of Directors
DSC of Directors
MOA & AOA of Company
PAN of Company
Various OPC compliances
- Commencement of Business form-INC 20A 17. GST Returns
- Auditor Appointment-ADT 1 18. TDS Returns
- Preparing financial statements 19. Minutes of Meeting
- Statutory Audit
- Preparing Annual Report of the Company
- Preparing Notices and Resolutions passed during the year
- Filing of Financial Statements with ROC in form AOC 4
- Filing of Annual Return with ROC in form MGT 7 or MGT 7A
- Appointment /Resignation of Director in form DIR 12
- Director verification in form DIR 3 KYC
- Maintenance of Statutory Registers
- Return of Deposits in form DPT-3
- Filing of Income Tax Return in ITR-6
- SBO Declaration in BEN 1/BEN 2
- MSME delayed payments in MSME-1
- Disclosure of Director’s Interest in MBP 1
Process for Annual Compliance
- Step-1: Gathering documents
- Step-2: Preparing annual reports
- Step-3: Preparing financials
- Step-4: Filing compliances
Compliance’s Mandatory for One Person Companies
Appointment of Auditor: For the Annual Compliance for Private Limited Company would need to incorporate a individual auditor or an firm to take care of all the financial filings annually, Who shall hold office from the conclusion of that meeting till the conclusion of its sixth annual general meeting And thereafter till the conclusion of every sixth meeting.
Registers to be Maintained: All the companies belonging to the Section 8 Company Compliances or Private limited category are expected to have statutory records maintained update for the following members, charges, loans and investments. The above would give an overview of how active the company has been on yearly basis.
Statutory audit of the Accounts: Every Private limited company has to prepare its records on Annual Filing of OPC financial records, once the financial records and statements they must be produced to the registrar and is done to stay legal.
Preparation of Board’s Report: A report by Board of Directors prepared required to be laid before members in Annual General Meeting. The meetings need to be logged and the signed minutes need to be maintained at the Registered Office.
Copy of the Annual Return to be filed with Registrar: Every company shall file with the registrar a copy of the Annual Return for One Person Company Within sixty days from the date on which the annual general meeting is held Where no annual general meeting is held in any year within sixty days from the date on which the annual general meeting should have been held (i.e.30th September) together with the statement specifying the reasons for not holding the annual general meeting.
Copy of financial statement to be filed with Registrar: All private limited companies shall file a copy of the financial statements in E-form AOC-4 within 30 days from the date on which the annual general meeting is held.
Holding Board Meeting: Every company should hold meeting with the board members at least twice a year and the gap between both the meetings should not be more than 90 days. Holding Annual General Meeting
Event based compliances
- Allotment of shares
- Transfer of shares
- Appointment/Resignation of directors.
- Appointment of Managing Director/ Whole Time Director.
- Executing agreement with related parties.
- Change in the statutory auditor.
Non-compliance Penalty
Non-compliance with the rules and regulations of the Companies Act in India can result in penalties for the company and its defaulting members. Penalties typically involve fines imposed for the duration of the non-compliance. Additionally, delays in annual filings may incur additional fees. Therefore, companies should fulfil their compliance obligations promptly to avoid penalties and financial repercussions.
Company filing refers to submitting various legal forms and documents to the Registrar of Companies (ROC) as required by the Companies Act 2013. Some of the common types of company filings that need to be filed with the MCA are as follows:
• Incorporation Documents
• Annual Returns
• Financial Statements
• Changes in Directors or Shareholders
• Registered Office Change
• Director Identification Number
• Company Filings for Approval
• Charge Management
In India, small businesses can be run without registering, but it is recommended to register the company to obtain certain benefits and to ensure legal compliance. There are several unregistered business structures that small enterprises commonly use:
• Sole Proprietorship
• A partnership Firm
• Hindu Undivided Family (HUF)
• To learn more about running a small business without registering
Starting a business in India requires compliance with various legal requirements, including registering the business, obtaining necessary licenses and permits, and complying with labor and tax laws. Some of the essential legal requirements for starting a business in India are as follows:
• Choose a Business Structure
• Register Your Business Name
• Obtain Director Identification Number (DIN)
• Incorporate the Business
• Obtain PAN and TAN
• Obtain Other Licenses and Permits
• Labor Laws Compliance
• Tax Compliance
• Get Insurance
• Open a Business Bank Account
A company can appoint a statutory auditor either for five consecutive years or till the conclusion of the next Annual general meeting. Therefore, an appointment of the statutory auditor cannot be considered as a part of annual compliance.
A company is required to maintain the compliances once the company is incorporated. The auditor is to be appointed within 30 days. Additionally, there is income tax filing and annual return filing that is to be done every year.
The annual general meeting (AGM) is held for the management and the shareholders to interact with each other. The Companies Act,2013 makes it compulsory to hold meetings to discuss the yearly results and appoint auditors.
The statutory audit as the name suggests is a mandatory audit for all companies. All the entities that are unregistered under the Companies Act as Private or Public Limited Companies need to get the books of accounts audited every year.
The companies incorporated under the Companies Act,1956 are required to file the following documents with the ROC The balance sheet in form 23AC which is to be filed by all the companies Profit and loss account in form 23ACA which is to be file by all the companies.
The Private Limited Companies are required to file the annual accounts and the returns that disclose the details of the shareholder and the directors to the ROC.
After the AGM all the private limited companies are required to file the annual return within 60 days of holding the annual general meeting.
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