Event-Based Compliances for Companies - An Overview
The
Event-Based Compliances are mandatory compliances which are apart from the
usual and mandatory periodical and annual compliances made by the company with
ROC and other concerned administrative authorities. This event-based compliance
is compliance-related to any extrinsic, events, unforeseen tasks or new
dimensions of an organization. To stay legally comprehensive, explore various
event-based company compliances. During the registering process of a new
business, the procedure seems to be the most important part of it. However,
once a private limited company is incorporated under the provisions of
Companies Act, 2013, there are a lot of abilities that are needed to be done by
them on several junctures of occasion.
In
stock, the event-based company compliances are frequent, one-time, or
occasional statement or agreements, which are both needed by the authorized
laws or are desirable, to stay legally perfect and secured. Each and every
change in any registered documents associated with the organization is to be
filed suitably to the authorized ROC and other regulatory or statutory
authorities. Additionally, the directors of the company must be sure that the
business activities of the company do not divert from the rules and regulation
mentioned in its AOA and MOA. The company works in a fully reliable and
responsible manner without making any willful or illegal negligence of its
duties and responsibilities, primarily including disclosure of correct
information related to the concerned people and companies and about its
business activities and current financial status.
Event-Based
Compliances by Different Companies as per the Companies Act 2013
This
particular section deals solely with the various event-based compliances by
different types of companies to be made under all the rules, provisions, and
regulations related with the Indian Companies Act of 2013, the Securities and
Exchange Board of India (SEBI), RBI, FEMA, and various relevant Legal Acts and
Statutes. The Chennai-based and the nationally famous law firm has a flowery
pool of well-knowledged and veteran corporate lawyers, Company Secretaries,
Chartered Accountants, Intellectual Property Lawyers, and other legal
professional people to help and guide in all different types of companies in
executing timely and perfectly their respective event-based compliances with
the regulatory and governmental authorities.
Based
upon the type of a company and its particular business and service activities,
reporting or compliances associated with the bulk of most of the following
adventitious or contingent tasks, events, or business activities may be
required:
- Obtaining
DSCs, DINs, DPINs, and so on.
- Keeping
and Updating Statutory Records and Registers
- Removing
or Adding a Director or Designated Partner
- Drafting
Resolutions/Minutes associated with the Board / Committee/ General
Meetings
- Changing
the Name or Address of the company
- Modification
in the MOA and AOA or LLP Agreement
- Changing
the Company’s Authorized Capital
- Changing
in Bank Signatories
- Resignations
and Appointments of Directors/Auditors
- Issuing
or Allotment or Transfer of Company Shares
- Share
transfer or transactions and Issuance of Share Certificates
- Expansion
or Diversification of Business/Service
- Sub-Division
or Share Consolidation
- Business
Transformation or Restructuring of the business
- Accomplishing
Appropriate Agreement with Related Parties
- Right
Issues
- Private
Placements
- ROC
Compliances Auditing
- Disqualified
Directors
- Getting
or Updating the Licenses needed by the company
- Drafting
of or making Amendments in several Contracts of the organization with
Outside people or entities
- Registration,
Protection and Maintenance of the referred Intellectual Property Rights
- Due
Diligence and related Compliances related to Mergers & Acquisitions,
Joint Venture, FDI, and so on.
- Contingent
Compliances associated with Stock Exchanges, IPO and various relevant
Provisions, Rules and Regulations of the SEBI
- Compliances
related to FDI in India, like those under RBI, FEMA, and so on
- Winding-up
of Company
- Credit
Monitoring Assessment (CMA)
- Any
adventitious compliances or statement or reporting as per the Tax
Departments or GSTN
- Event-based
compliances under various referred authorities, laws and regulatory bodies
(such as maritime & admiralty law, corporate and commercial laws,
labour & employment laws, intellectual property laws,
environmental laws, and so on.)
- Any
advisable or wise compliances based on the Secretarial Standards I and II.
- And,
compliances and reporting related to other contingent events and occurrences
related to the internal and external business activities and management
including the overall corporate governance.
Event-based ROC Compliances directed at a Private Limited Company
There
are various compliance and forms that are expected to be submitted by a private
limited company to acquaint the ROC regarding the modification or alternation
or changes made within the Company. Some of the event-based tractability is
mentioned below with the relevant form to be filed:
E-Form
|
Kinds of Compliances
|
Legal Provision
|
DIR-12
|
Transformation
in Director
|
Section:
149
|
SH-7
|
Change
in authorized Share Capital
|
Section:
61 and 64
|
PAS-3, MGT-14
|
Return
of Allocation
|
Section:
62
|
CHG-4
|
Filing
of Satisfaction of Charge
|
Section:
82
|
CHG-1
|
Modification
and creation of Charge
|
Section:
77
|
INC-22
|
Fluctuating
of Registered Office inside the same city, village or town without
modification in the jurisdiction of ROC
|
Section:
12
|
ADT-3
|
Resignation
of authorized Statutory Auditor
|
Section:
140
|
INC-23, INC-28, MGT-14 And INC-22
|
Fluctuating
of Registered Office exterior of the same city, village or town with the
change in the jurisdiction of ROC
|
Section:
12 and 13
|
DPT-3
|
Return
of Deposits with the Company
|
Section:
73
|
Form MSME
|
Return
for Delay in prescribed payments to MSMEs
|
Section:
405
|
AOC-5
|
Additional
place other than the registered office where the books or reports of accounts
and statutory registers are being maintained
|
Section:
128
|
MGT-14
|
Filing
of Resolutions and Agreements to the concerned ROC
|
Section:
117 and Section 179
|
BEN-2
|
Disclosure
of Substantial Beneficial Ownership or SBO
|
Section:
90
|
Frequently Asked Questions
What are Event-Based Compliances?
The
Event-Based Compliances are compliances which are mandatory other than the
usual and essential annual and periodical compliances done by the company with
ROC and other concerned administrative authorities.
What are the types of Event-Based
Compliances?
- Event-Based
Compliance
- Annual
Compliances
Who to Report about any alteration?
Every
change in any registered details which is associated with the company is to be
reported suitably to the relevant ROC and other regulatory or statutory
authorities.
Does CSR Policy Require to mention?
Yes,
CSR requires mentioning The company needs to file E-Form INC-22 to the ROC if
there is any change in the registered office of the company.
When to File E-Form MGT-14?
A
company is needed to file various agreements and resolutions with the ROC by
filing E-Form MGT-14.,
Who should sign during the process of filing
the documents?
Chief
Executive Officer or Managing Director
· Auditor
Chairman of the Audit Committee
· Chief
Financial Officer