Mandatory Key Compliances For Private Limited Company

MCA/ROC/Companies Act, 2013

# Activity / Requirement Form No. Timeline
1. Open Company Bank Account and each of the Subscribers (initial shareholders) to deposit their portion of the share capital into the Company Bank Account from their respective bank accounts -- Within 2 months of incorporation
2. Appoint Statutory Auditor of the Company and file eForm ADT-1 within 15 days of the appointment ADT-1 Within 30 days of incorporation
3. Issue Share Certificates to the initial subscribers/shareholders of the Company SH-1 Within 2 months of incorporation
4. Declaration of commencement of business INC-20A Within 180 days of Incorporation
5. Declaration by Directors (Disclosure of Interest, Qualification, residential status, VC meetings etc.) MBP-1
DIR-8
Annually
6. Annual Return along with Financial Statements and Board’s report AOC-4
MGT-7
Within 30/60 days of AGM (30th Sep)
7. Return of outstanding loans & advances, if any,taken by the Company (from directors/others) DPT-3 30th June pa
8. To update KYC details of Directors DIR-3 30th Sep pa
9. Qtly Board Meetings and Annual Shareholders Meetings - Notice, Agenda, Minutes, Acknowledgements etc. SS-1 & 2 Qtly
10. Maintenance of Statutory Registers As per prescribed Formats Continuous

Tax Laws

# Activity / Requirement Form No. Timeline

Income Tax Regulations:

1 Income Tax Return ITR-6 30th September every year
2 Tax Audit Report from CA (if applicable) 3CA / 3CD 30th September every year
3 TDS Payment ITNS-281 By 7th of every month
4 TDS Return 24Q / 26Q By 30th day after end of Qtr
5 Issue of Shares, Debentures, Bonds > Rs. 10 Lakh 61A By 31st May of next year
6 Receipt of cash payment exceeding Rs. 2 lakh for sale 61A By 31st May of next year
7 Paid any Dividend to the Shareholders 61A By 31st May of next year

GST Regulations:

1 Monthly Sales Report - GST Return Filing GSTR-1 By 11th of every month
2 Monthly Sales, Input Credit and Tax Payment Return Filing GSTR-3B By 20th of every month
3 Annual GST Return Filing along with Audit Report by a CA GSTR-9
GSTR-9C
31st December every year

FEMA Regulations – FDI, ODI etc.

# Activity / Requirement Form No. Timeline
1 RBI Firms Portal - Entity Registration FIRMS As soon as FDI is received
2 RBI Firms Portal - Business User Registration FIRMS As soon as FDI is received
3 Form FC-GPR approval for all the incoming Investments (FDI) FC-GPR Within 30 days of issue of shares or receipt of remittance whichever is earlier
4 Form FC-TRS approval - if there is any transfer of shares FC-TRS Within 60 days of transfer of shares or remittance whichever is earlier
5 Form DI approval - if there is any further downstream investment by the FDI receiving entity DI Within 30 days of issue / allotment of shares
6 Annual Return on Foreign Liabilities and Assets (FLA return) FLA By 15th July of every year
7 Overseas Direct Investment (ODIs) Approval ODI Before making ODI. Any changes to be reported within 30 days
8 Annual Performance Report (APR) for ODIs APR By 31st December of every year

Notes:
1. Money transfer through Money Transfer Service Scheme (Western Union, Money Corp etc.) is not allowed for the business purpose
2. Money to be transferred by the investor/shareholder only by its own proper bank. Use of 3rd party for money transfer will increase the compliance and complications

Labour Regulations

# Activity / Requirement Form No. Timeline
1 PF payment and return – mandatory if 20 or more employees (permanent, temp, thru contactor – all including) Online Payment and Return Monthly payment and return by 15th Annual return by 30th Apr (3A, 6A)
2 ESI payment and return - mandatory if 10 / 20 or more employees (permanent, temp, thru contactor – all including) – refer annexure for state wise employees limit Online Payment and Return Monthly payment by 15th Half Yearly return by 11th Nov (Apr – Sep) and 11th May (Oct – Mar)
3 Professional Tax payment and return – applicable in states where it is mandatory – refer annexure Online Payment and Return Registration within 30 days of start Monthly payment by 10th (employees) Annual payment by 30th Jun (Self)
4 Shops & Establishment registration and renewal State Based (Form – I) Application within 30 days of business commencement, renewal by 1st December every year (check respective state laws)
5 Contract Labour registration and renewal - applies to every establishment employing 20 or more contract workers State Based (Form – I) Application immediately Renewal before 30 of expiry date Annual Return in Form XXV by 15th February
6 Trade License and renewal State / District / Local Municipality based Before 31st March every year (check respective LB laws)
7 Payment of Minimum Wages to employees – refer annexure for state wise min. limit NA Monthly
8 Maintenance of Labour Registers As per prescribed Formats Continuous

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States where Professional Tax applicable

States Where Professional Tax is Applicable
1Andhra Pradesh
2 Assam
3 Bihar
4 Chhattisgarh
5 Gujarat
6 Jharkhand
7 Karnataka
8 Kerala
9 Madhya Pradesh
10 Maharashtra
11 Manipur
12 Meghalaya
13 Mizoram
14 Nagaland
15 Odisha
16 Puducherry
17 Sikkim
18 Tamil Nadu
19 Telangana
20 Tripura
21 West Bengal
States Where Professional Tax is NOT Applicable
1 Andaman and Nicobar Islands
2 Arunachal Pradesh
3 Chandigarh
4 Dadra and Nagar Haveli
5 Daman & Diu
6 Delhi
7 Goa
8 Haryana
9 Himachal Pradesh
10 Jammu & Kashmir
11 Lakshadweep
12 Punjab
13 Rajasthan
14 Uttar Pradesh
15 Uttarakhand

State-wise ESI Applicability

#State NameNo of Employees   #State NameNo of Employees
1AndhraPradesh1019AndamanandNicobar20
2Bihar1020ArunachalPradesh20
3Chhattisgarh1021Assam20
4Delhi1022Chandigarh20
5Gujrat1023DadraandNagarHaveli20
6Haryana1024DamanandDiu20
7Jharkhand1025Goa20
8Karnataka1026HimachalPradesh20
9Kerala1067Jammu & Kashmir20
10Orissa1028Lakshadweep20
11Pondicherry1029MadhyaPradesh20
12Punjab1030Maharashtra20
13Rajasthan1031Manipur20
14Telangana1032Meghalaya20
15Tripura1033Mizoram20
16Uttarakhand1034Nagaland20
17WestBengal1035OutsideIndia20
18Sikkim2036Tamilnadu20
37UttarPradesh20

   Note: Once the number of employees reaches the above mentioned threshold, Company need to get the ESI Registration

State-wise Minimum Wages

#Skill CategoryAndamanAPArunachalAssamBiharChandigarh
1Unskilled12,7409,8066,6008,9467,95611,022
2Semi Skilled14,2229,9926,90010,4388,26811,172
3Skilled16,43210,8287,20013,04810,08811,532
4Highly Skilled17,94011,66316,77512,324
5Supervisor18,3848,771
Applicable From01-Jan-2101-Apr-2101-Apr-1601-Jun-2101-Apr-2101-Apr-20
#SkillCategoryChhattisgarhDadraDamanDelhiGoaGujarat
1 Unskilled 9,800 8,845 8,845 15,908 9,542 9,053
2Semi Skilled10,4509,0539,05317,537 11,0509,261
3Skilled11,230 9,2619,26119,29112,4809,495
4HighlySkilled12,010-
5Supervisor20,976
Applicable From01-Oct-2101-Apr-2101-Apr-2101-Apr-2101-Oct-2001-Apr-21

#Skill CategoryHaryanaHimachalJ&KJharkhandKarnatakaKerala-IT
1Unskilled9,8039,0005,8508,09513,31115,602
2Semi Skilled10,8089,5108,48014,47017,702
3Skilled11,91610,4469,10011,17915,74419,692
4Highly Skilled12,51210,44610,40012,91317,14722,082
5 Supervisor 11,348 8,450 18,146 23,462
ApplicableFrom01-Jul-2101-Apr-2101-Nov-1701-Apr-2101-Apr-2101-Jul-21

#Skill CategoryKerala-OthersMPMaharashtraManipurMeghalayaMizoram
1Unskilled12,1728,80011,4516,7508,9187,020
2Semi Skilled12,3829,65712,2867,44010,1147,800
3Skilled12,80211,03513,0628,19011,3109,620
4Highly Skilled13,01212,33512,48011,960
5Supervisor13,222
Applicable From01-Jul-2101-Oct-2101-Jul-2127-Dec-1601-Oct-2001-Apr-16

#Skill CategoryNagalandOdishaPuducherryPunjabRajasthanSikkim
1Unskilled5,2808,0866,9508,7777,1767,800
2Semi Skilled6,3009,1267,6669,5576,5528,320
3Skilled7,05010,4267,77510,4546,8648,710
4Highly Skilled7,05011,9867,82411,4868,4769,490
5Supervisor8,142
Applicable From14-Jun-1901-Apr-2101-Jan-2001-Sep-1901-Jul-2001-Jul-17

#Skill CategoryTamilNaduTelanganaTripuraUPUttarakhandWestBengal
1Unskilled9,77010,5486,2099,0789,1318,904
2Semi Skilled9,83110,7346,8129,9859,7249,795
3Skilled9,88110,9507,61811,18510,31810,775
4Highly Skilled9,92211,57010,57211,851
5Supervisor10,33412,40511,320
Applicable From01-Apr-2101-Apr-2101-Apr-2101-Apr-2101-Apr-2101-Jul-21