What is RoC Compliance?
RoC Compliance refers to the set of mandatory filings and disclosures that every company registered under the Companies Act, 2013 in India must submit to the Registrar of Companies (RoC). These filings help ensure that a company is transparent about its operations, financial standing, and governance structure.
The compliance requirements may vary depending on the type of company, such as a private limited company, public limited company, or limited liability partnership (LLP). However, timely and accurate filing of these documents is essential to avoid legal issues.
RoC Compliance Services: Ensuring Your Company Stays Legally Compliant
For businesses registered in India, staying compliant with the regulations laid out by the Registrar of Companies (RoC) is not just a legal obligation but also essential for the smooth functioning and credibility of the organization. Non-compliance can lead to hefty penalties, legal complications, and even the risk of business closure.
At Samrat Consultancy, we provide expert guidance and support to ensure your company meets all RoC compliance requirements, helping you focus on growing your business while we handle the paperwork.
Why is RoC Compliance Important?
Staying compliant with RoC regulations is crucial for several reasons:
- Avoiding Penalties: Non-compliance with RoC filings can result in fines, penalties, or legal consequences. In severe cases, the company may face de-registration or directors may be disqualified.
- Building Credibility: Timely and accurate filing of RoC returns enhances the company’s reputation and builds trust with investors, stakeholders, and government authorities.
- Access to Funding: Companies with a clean compliance track record have an easier time securing loans or attracting investments, as lenders and investors prefer companies that are legally compliant.
- Legal Standing: Staying compliant ensures that your company remains legally operational and avoids issues like legal disputes or loss of business licenses.
Key RoC Compliances Every Company Must Follow
All companies must file their annual returns and financial statements with the RoC every year. These filings give an overview of the company’s financial performance, shareholders’ details, and management structure.
- Form MGT-7: Annual return containing details of the company’s shareholding structure, changes in directorship, and key managerial personnel.
- Form AOC-4: Financial statements, including balance sheets, profit and loss accounts, and other related documents.
As part of RoC compliance, companies are required to hold regular board meetings and annual general meetings (AGMs). Key decisions made during these meetings must be documented in the form of board resolutions, which are filed with the RoC.
- Form MGT-14: Filing of resolutions for significant decisions like change of registered office, change of directors, and issue of shares.
Every director of a company must file their Director Identification Number (DIN) annually to ensure that they are eligible to act as directors.
- Form DIR-3 KYC: Director KYC form to be filed annually to maintain the director’s active status.
Any changes made to the company’s structure, registered office, directorship, or shareholding must be reported to the RoC. These changes need to be filed through specific forms, including:
- Form DIR-12: Changes in the company’s directors.
- Form SH-7: Increase in authorized share capital.
- Form INC-22: Change in the company’s registered office.
Companies must inform the RoC about the appointment of their auditors through appropriate filings.
- Form ADT-1: Filing of the appointment or resignation of an auditor within 15 days of the AGM.
Private limited companies and public companies with a paid-up capital exceeding a certain threshold are required to file a Compliance Certificate.
- Form MGT-8: Certification by a practicing company secretary, confirming the accuracy of the company’s annual return.
Companies must also submit event-based filings for significant occurrences such as allotment of shares, change in registered office, or change in share capital.
- Form PAS-3: Return of allotment for shares issued by the company.
Documents Required for RoC Filing
For a seamless RoC filing process, the following documents are usually required:
Including balance sheet, profit and loss account, and cash flow statement.
- Copies of the resolutions passed in board and annual general meetings.
- List of directors and their updated KYC documents.
- Information on shareholders and any changes in shareholding.
- In case of certification by a practicing company secretary.
- As required, depending on the nature of the filing
- A letter signed by the President or Secretary authorizing the registration on the DARPAN portal.
How Samrat Consultancy Can Help with RoC Compliances
At Samrat Consultancy, we provide end-to-end solutions for RoC compliance, ensuring that your company remains in good standing with the legal requirements. Our services include:
- Timely RoC Filings: We ensure that all mandatory filings, including annual returns, financial statements, and director KYC, are completed on time.
- Board Meeting Resolutions: Assistance in drafting and filing board resolutions for significant corporate actions.
- Compliance Management: We keep track of all deadlines and ensure that your company stays compliant throughout the year.
- Expert Guidance: Our team of experts will provide you with the latest updates and changes in the RoC filing requirements, ensuring that your business stays ahead of compliance needs.
- Hassle-Free Filing: We take care of all the paperwork, so you can focus on running your business while we handle the filing process efficiently.