ROC AND LLP COMPLIANCES COMPLIANCES :
ROC stands for Registrar of Companies which is a government agency responsible for regulating and maintaining the records of companies registered under Companies Act, 2013. ROC compliance refers to process of adhering to rules and regulation set by ROC to ensure that a company is compliant with legal requirement.
LLP compliance refers to legal requirement that must be met by Limited Liability partnership under LLP Act,2008.
LLP must file Annual Return with MCA and maintain records and financial transactions of partnership.
ROC and LLP compliance are important for companies and LLPs to maintain their legal status, avoid penalties and fines, and build a good reputation in business world. Companies and LLPs must ensure that they comply with legal all legal requirements related to ROC and LLP compliance. This can be done by appointing Company Secretary or a professional firm that specializes in providing compliance services to companies and LLP.
ROC Compliances checklist:
| Item/ Form | Compliance particulars | Due dates |
| MGT-14 (SEC-117 READ WITH SEC-179) | Filing of resolutions with the ROC regarding Board Reports and Annual accounts. The details of the resolutions passed should be filed. | Within 30 days of the board meeting |
| MSME-1 (SEC-405) | Furnishing the half yearly return with the ROC in respect of outstanding payments to MSME (Micro small and medium enterprises) | Half Yearly Basis |
| PAS-6 RULE 9A (8) of Companies (Prospectus and Allotment of Securities) Rules, 2014. | Reconciliation of Share Capital Audit Report (Half-yearly) Pursuant to sub-rule Rule 9A To be filed all unlisted companies, deemed public companies Till further clarification to be filled in GNL-2 | Within 15 days from the conclusion of the AGM |
| ADT-1 (SEC-139) | Appointment of the Auditor | Within 15 days from the conclusion of the AGM |
| AOC-4 (SEC-137) | Filing of financial statements and documents with the ROC | Within 30 days from date of conclusion of the AGM |
| MGT-7/7A (SEC-92) | Filing of annual return by the company | Within 60 days from date of conclusion of the AGM |
| MGT-8 (SEC-92) (Attachment to MGT-7) | Compliance certificate by PCS u/s 92(2) | Applicable to companies having the PUSC Rs. 10cr or more and Turnover of Rs. 50cr or more |
| CSR-2 (RULE 12) | All the companies falling u/s 135(1) of the Companies Act, 2013 must furnish a web-based form with the MCA. | 31st March 2023 |
| DIR-3 KYC (RULE 12A) | All directors having the DIN number must complete their KYC every year. | Before 30th September of every year |
| DPT-3 (SEC-73 RULE 16) | A return of deposits that companies must file to furnish information about deposits and/or outstanding receipt of loan or money other than deposits. | 30th June 2023 |
| MR-1 (SEC-196) | Return of appointment and re-appointment Of Managing Director or Whole Time Director or Manager. | Within 60 days of appointment of MD or WTD or Manager. |
| DIR-12 (SEC-149) | Appointment of Director and Key Managerial Personnel and the changes among them. | Within 30 days of appointment or change in appointment. |
| PAS-3 (SEC-39(4) & SEC-42(9)) | Return of allotment. | Within 30 days from the allotment of the shares |
| GNL-2 | In the event of a change in the registered office address of a private limited company, the company is required to file Form GNL-2 with the ROC. | The form must be filed within 30 days of the change. |
| XBRL Filing | Companies having a paid-up capital of more than Rs.5 crore or a turnover of more than Rs.100 crores are required to file their financial statements in XBRL format with the ROC. | For Financial year 2022-23 due date is 30th November 2023. |
LLP Compliances checklist:
There are three compulsory compliances: –
1. Filing of annual returns
2. Books of accounts
3. Filing of income tax returns
| COMPLIANCS | PARTICULARS | DUE DATE |
| MCA ANNUAL RETURNS FORM 8 | the statements of account and solvency | within 30 days from the end of six months of the financial year, i.e., October 30. |
| MCA ANNUAL RETURNS FORM 11 | The form should contain the complete details of all the partners, their contributions towards the company, etc. | on or before 30 May every year. |
| BOOKS OF ACCOUNTS | All LLPs must maintain proper books of account on a cash basis or accrual basis. Each year, before 31 March, the report has to be properly submitted when required. | 1.The accounts books have to be presented in the registered office when needed. 2.In the case of LLPs with a turnover of more than ₹40 lakhs or capital of over ₹25 lakhs, the accounts must be audited by a chartered accountant. |
