Event-Based Compliances by Different Companies as per the Companies Act 2013

Event-based compliances are a crucial aspect of corporate governance and legal adherence for companies operating under the Indian Companies Act of 2013, as well as regulations by SEBI, RBI, FEMA, and other relevant legal statutes. Having a knowledgeable legal team that includes corporate lawyers, company secretaries, chartered accountants, intellectual property lawyers, and other legal professionals is essential for ensuring that companies navigate these compliances effectively and in a timely manner. Here's a closer look at the various types of event-based compliances that companies might need to address:

Types of Event-Based Compliances:

1. Obtaining DSCs, DINs, DPINs, etc.: Ensuring digital signatures and identification numbers for directors and partners.

2. Maintaining Statutory Records and Registers: Keeping company records updated as per regulatory requirements.

3. Director Changes: Adding or removing directors and designated partners, updating records accordingly.

4. Resolutions and Minutes: Documenting decisions made during board, committee, and general meetings.

5. Company Name and Address Changes: Managing name and address modifications within legal bounds.

6. MOA and AOA or LLP Agreement Changes: Adapting governing documents based on business shifts.

7. Capital Changes: Updating authorized capital and shares allocation as required.

8. Bank Signatories: Managing changes in authorized signatories for banking transactions.

9. Resignations and Appointments: Handling director and auditor appointments/resignations.

10. Share Issuance and Transfer: Managing share issuance, transfers, and issuance of certificates.

11. Business Expansion/Diversification: Complying with regulations for business changes.

12. Share Sub-Division or Consolidation: Handling share structure modifications.

13. Business Transformation/Restructuring: Adhering to legal requirements during business changes.

14. Agreements with Related Parties: Drafting and managing contracts with related entities.

15. Rights Issues and Private Placements: Complying with regulations for fund raising.

16. ROC Compliances Auditing: Ensuring adherence to Registrar of Companies' compliances.

17. Intellectual Property Protection: Registering and maintaining IP rights.

18. Mergers & Acquisitions and FDI: Meeting compliance requirements for corporate changes.

19. SEBI-Related Compliances: Complying with stock exchange, IPO, and SEBI regulations.

20. FDI Compliances (RBI/FEMA): Meeting foreign investment regulations.

21. Winding-up of Company: Adhering to legal procedures during company dissolution.

22. Tax and GST Compliances: Addressing tax department and GSTN requirements.

23. Sector-Specific Compliances: Following laws in areas like maritime, labor, environmental, etc.

24. Secretarial Standards I and II: Meeting recommended corporate governance standards.

25. Corporate Governance: Ensuring governance principles are upheld in all activities.

These event-based compliances ensure companies remain compliant, transparent, and accountable to regulatory bodies, stakeholders, and the legal framework. By having a dedicated team of legal professionals, companies can navigate the complex landscape of regulatory requirements and ensure their business operations are conducted with integrity and adherence to the law.

Event-based ROC (Registrar of Companies) compliances are essential for a Private Limited Company to report changes, modifications, and alterations that occur within the company to the regulatory authorities. These compliances ensure that the ROC and other concerned bodies are kept informed about important developments. Here's a list of event-based compliances along with their relevant forms:

1. Change in Registered Office (Form INC-22): If the registered office of the company is changed from one place to another within the same city or from one city to another, Form INC-22 needs to be filed within 15 days of such change.

2. Change in Directors/Partners (Form DIR-12 or Form LLP-3): When there is an appointment, resignation, or change in particulars of directors in a company or partners in an LLP, Form DIR-12 (for companies) or Form LLP-3 (for LLPs) needs to be filed within 30 days of the change.

3. Change in Share Capital (Form SH-7): Any alteration in the share capital structure, such as an increase or decrease in authorized capital or issue of bonus shares, requires filing Form SH-7 within 30 days of the change.

4. Change in MOA and AOA (Form MGT-14): If there are changes in the Memorandum of Association (MOA) and Articles of Association (AOA), Form MGT-14 needs to be filed within 30 days of such change.

5. Declaration of Commencement of Business (Form INC-20A): After incorporation, if a company intends to commence business activities, Form INC-20A must be filed within 180 days of incorporation.

6. Change in Name of the Company (Form INC-24): If a company wishes to change its name, Form INC-24 needs to be filed along with relevant documents.

7. Appointment/Change of Statutory Auditors (Form ADT-1): Whenever there is an appointment, reappointment, or change of auditors, Form ADT-1 needs to be filed within 15 days of the AGM.

8. PAS-3 - Return of Allotment: When the company allots shares, Form PAS-3 should be filed within 30 days of such allotment.

9. Annual Return (Form MGT-7): The annual return of the company should be filed within 60 days of the AGM.

10. Financial Statement (Form AOC-4): The financial statement of the company should be filed within 30 days of the AGM.

11. Director's Report and Financials (Form AOC-4 CFS): For companies having subsidiaries, the consolidated financial statements and director's report need to be filed in Form AOC-4 CFS.

12. Appointment of Key Managerial Personnel (Form DIR-12): Changes in the appointment of key managerial personnel need to be reported within 30 days of the change.