ROC or Registrar of Companies is a government authority responsible for registering and regulating companies in India. Every company is required to comply with certain statutory provisions related to ROC to ensure its smooth functioning and avoid penalties. Here are the compliance requirements related to ROC for both private and public companies:
Compliance for Private Companies:
Annual General Meeting (AGM): Private companies are required to hold an AGM within six months of the financial year-end. The notice of the meeting must be given to all members at least 21 days in advance.
Annual Filing: Private companies are required to file their annual financial statements and annual returns with the ROC within 60 days and 30 days respectively, from the date of the AGM.
Board Meetings: Private companies must hold at least two board meetings in a financial year, with a gap of not more than 120 days between two consecutive meetings.
Maintenance of Statutory Registers: Private companies must maintain various statutory registers, including the register of members, register of directors, register of charges, etc. and update them regularly.
Appointment of Directors: Private companies must appoint directors as per the provisions of the Companies Act, maintain their records and submit forms related to their appointment and resignation to the ROC.
Secretarial Compliance: Private companies are required to comply with various secretarial compliance requirements, including appointment of a company secretary, preparation of board meeting minutes, preparation and filing of various forms, etc.
Compliance for Public Companies:
Annual General Meeting (AGM): Public companies are required to hold an AGM within six months of the financial year-end. The notice of the meeting must be given to all members at least 21 days in advance.
Annual Filing: Public companies are required to file their annual financial statements and annual returns with the ROC within 60 days and 30 days respectively, from the date of the AGM.
Board Meetings: Public companies must hold at least four board meetings in a financial year, with a gap of not more than 120 days between two consecutive meetings.
Maintenance of Statutory Registers: Public companies must maintain various statutory registers, including the register of members, register of directors, register of charges, etc. and update them regularly.
Appointment of Directors: Public companies must appoint directors as per the provisions of the Companies Act, maintain their records and submit forms related to their appointment and resignation to the ROC.
Shareholder Compliance: Public companies must comply with various shareholder compliance requirements, including issue of shares, transfer of shares, payment of dividend, etc.
Secretarial Compliance: Public companies are required to comply with various secretarial compliance requirements, including appointment of a company secretary, preparation of board meeting minutes, preparation and filing of various forms, etc.
Non-compliance with the above-mentioned ROC compliance requirements can lead to penalties, fines, and even legal action against the company and its directors. Therefore, it is crucial for companies to ensure their compliance with ROC regulations and maintain proper records to avoid any adverse consequences.
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