COMPANY LAW

Compliance Calendar for Public Companies for FY 2020-2021 under Companies Act, 2013

COMPANY LAW

Compliance Calendar for Public Companies for FY 2020-2021 under Companies Act, 2013

Table below contains Compliance Calendar for the Public Companies for the financial year (FY) 2020-2021 (April 01, 2020- March 31, 2021) under Companies Act, 2013 and explains when and which  Company Law Form Needs to be submitted with ROC, Section under which Same needs to be submitted, Form Type (I.e. Physical or E-form), Particulars of the Company Law form which needs to be submitted-

S. No. Period Section Compliance Type Particular Due Date*
1 Event Based 90 BEN-2 E-form Company shall file BEN-2 within 30 days of receipt of BEN-1 from shareholder NOTES: – On regular basis Company have to check whether there is any SBO in Company due to change in its shareholding or due to change in shareholding of body corporate members March 31, 2020 (for old SBOs)
2 Annual 164(2) &,143(3)(g) DIR-8 Physical Every Director of the Company in each financial year will file with the company disclosure of non-disqualify cation March 31, 2020
3 Annual 184(1) MBP-1 Physical Every Director of the Company in first Meeting of the Board of Directors in each financial year shall disclose his interest in other entities April 01, 2020
4 Event Based 184(1) MBP-1 Physical Every Director is required to submit with the Company a fresh MBP-1, whenever there is change in his interest from the earlier given MBP-1 Whenever there is change in interest
5 Annual Section 73 and rule 16 DPT-3 E-form Company is required to file this form every year on or before 30th June in respect of Return of deposit and Particulars not considered as Deposit as on 31st March June 30, 2020
(Return of Deposit)
6 Annual Form Rule 12A DIR-3 Kyc E-form and web based All the directors of the Company shall file this form on or before 30th September every year for all the directors of the Company September 30, 2020
(KYC of Directors)
7 Half yearly Return 405 MSME-1, (Delay in payment of MSME Vendor) E-form Company have to file this return half yearly in respect of pending payments to MSME Vendors as at end of half year: April to September- 30th October, October to March- 30th April
8 Half yearly Return Rule 9A(3) PAS-6 Physical Reconciliation of share capital Report. Company is required to submit reconciliation share capital report audited by a company Secretary in Practice as at end of half year: April to September- 30th October, October to March- 30th April
9 Annual 117 read with Section 179 MGT-14 E-form Public Company required filing this form with RoC within 30 days of Approval of Directors report and Financial statement with RoC
10 Annual 117 read with Section 179 MGT-14 E-form Public Company required filing this form with RoC within 30 days of Approval of appointment of
Internal Auditor and Secretarial Auditor if applicable
11 Event Based 117 MGT-14 E-form A copy of every resolution or any agreement required to be filed, to gether with the explanatory statement under section 102, if any, shall be filed within 30 days with the Registrar mentioned under Section 117
12 Event Based Section 96 along with Rule 3 MR-1 E-form A company shall file a return of appointment of a Man aging Director, Whole Time Director or Manager, within sixty days of the appointment and re-appointment, with the Registrar  
13 Appointment of Auditor 139 ADT-1 E-form Auditors will be appointed for five years and Form ADT-1 will be filed for five-year appointment within 15 days of Annual General meeting October 15, 2020, (If AGM will be held on September 30, 2020)
14 Annual 137 AOC-4, (Financial Statement) E-form Every Company is required to file AOC-4 within 30 days of holding of Annual General meeting October 30, 2020, (If AGM will be held on September 30, 2020)
15 Annual 204 MR. 3, (Secretarial Audit Report and forms a part of Director’s Report) Physical Secretarial Audit applicable on following companies with below mentioned conditions: – #Every public company having a paid-up share capital of fifty crore rupees or more; #Every public company having a turnover #Every company having outstanding loans or borrowings from banks or public financial institutions of one hundred crore rupees or more (inserted w.e.f April 01, 2020)  of two hundred fifty crore rupees or more;
16 Annual 92 MGT-7, (Annual return) E-form Every Company shall file its Annual Return within 60 days of holding of Annual General Meeting November 30, 2020, (If AGM will be held on September 30, 2020)
17 Annual 92 MGT-8 (to be filed as an attachment of E-form MGT-7) Physical The annual return, filed by a listed company or a company having paid-up share capital of ten crore rupees or more or turnover of fifty crore rupees or more, shall be certified by a Company Secretary in practice and the certificate shall be in Form No. MGT.8.  

*If a Company file any form after due date but up to September 30, 2020. There is no issue due to CFSS Company can file such form up to September 30, 2020 without any additional fee. In such situation that company needs to file E-form CFSS within 6 months period i.e. October 01, 2020 to March 31, 2021 to take immunity from penalty or adjudication.

Notes: –

# Every company shall have at least one director who stays in India for a total period of not less than one hundred and eighty-two days during the financial year.

# The following class of companies shall appoint at least one-woman director: –

  1. every listed company;
  2. every other public company having –
    • paid–up share capital of one hundred crore rupees or more; or
    • turnover of three hundred crore rupees or more:

# The following class or classes of companies shall have at least two directors as independent directors

  1. the Public Companies having paid up share capital of ten crore rupees or more; or
  2. the Public Companies having turnover of one hundred crore rupees or more; or
  3. the Public Companies which have, in aggregate, outstanding loans, debentures and deposits, exceeding fifty crore rupees:

Exception: -This provision is not applicable to followings: –

(a) a joint venture;

(b) a wholly owned subsidiary; and

(c) a dormant company as defined under section 455 of the Act.

# Every listed company and every other public company having a paid-up share capital of ten crore rupees or more shall have the following whole-time key managerial personnel,

  • managing director, or Chief Executive Officer or manager and in their absence, a whole-time director;
  • company secretary; and
  • Chief Financial Officer

# The following class of companies shall be required to appoint an internal auditor [which may be either an individual or a partnership firm or a body corporate], namely: –

  • every listed company;
  • every unlisted public company having
  • paid up share capital of fifty crore rupees or more during the preceding financial year; or
  • turnover of two hundred crore rupees or more during the preceding financial year; or
  • outstanding loans or borrowings from banks or public financial institutions exceeding one hundred crore rupees or more at any point of time during the preceding financial year; or
  • outstanding deposits of twenty-five crore rupees or more at any point of time during the preceding financial year; and
  • every private company having-
  • turnover of two hundred crore rupees or more during the preceding financial year; or
  • outstanding loans or borrowings from banks or public financial institutions exceeding one hundred crore rupees or more at any point of time during the preceding financial year:

 

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