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Company Compliance in India

Company compliance refers to the adherence to various legal, regulatory, and statutory requirements necessary for operating a business in India. It ensures that companies operate within the boundaries of the law, avoiding penalties and promoting smooth business operations. Compliance is vital to maintain good standing with government authorities, investors, and stakeholders.

Who Needs Company Compliance?

  • All businesses, whether private limited, public limited, or partnership, operating in India need to ensure compliance with applicable laws and regulations.
  • Startups, established businesses, and foreign-owned companies need to follow compliance protocols to remain in good legal standing.
  • Companies involved in specific industries (e.g., finance, healthcare, e-commerce) may have additional compliance requirements based on their sector.

Benefits of Company Compliance

  • Avoid Legal Penalties: Compliance ensures that the company meets all legal requirements, preventing fines or legal actions.
  • Enhanced Reputation: Adherence to compliance standards builds trust with clients, investors, and stakeholders.
  • Operational Efficiency: Proper compliance management ensures smooth business operations and avoids disruptions.
  • Financial Transparency: Compliance with accounting and tax regulations fosters transparency in financial reporting.
  • Risk Mitigation: Compliance reduces the risk of fraud, mismanagement, and other operational risks that can harm the company.

Penalty for Non-Compliance

Failure to comply with legal requirements can result in penalties, fines, lawsuits, or even the suspension of business operations. It can also damage a company’s reputation and relationships with investors and stakeholders.

Documents Required for Company Compliance

  • Company registration certificate (e.g., Certificate of Incorporation for private/public companies).
  • Business PAN card and Aadhaar card of the company’s directors.
  • Financial statements, balance sheets, and tax returns.
  • Licenses and permits relevant to the business, such as GST registration, FSSAI license, etc.
  • Shareholder agreements, partnership deeds, or corporate resolutions.
  • Documents related to statutory audits and accounting records.

Step-by-Step Process for Company Compliance

  • Initial Assessment: Evaluate the company’s current legal standing and identify compliance gaps.
  • Document Collection: Gather all necessary documents, including financial, legal, and tax-related paperwork.
  • Filing & Registration: Submit compliance forms with relevant government authorities such as the Ministry of Corporate Affairs (MCA), GST department, etc.
  • Auditing & Reporting: Complete statutory audits and submit reports to the relevant bodies, such as income tax and MCA.
  • Ongoing Monitoring: Continually monitor compliance requirements and update the company’s legal standing as per the latest regulations.

Filing Lounge's Process for Company Compliance

  • Initial Consultation: We assess your business’s compliance status and identify areas that require attention.
  • Document Preparation: We assist in gathering and preparing the required documents for compliance submission.
  • Application Filing: We handle the filing of all required compliance documents with the appropriate authorities.
  • Auditing Support: We facilitate the statutory auditing process and ensure all financial and legal aspects are in order.
  • Ongoing Compliance: We help maintain continuous compliance, ensuring you meet all regulatory deadlines.

How Filing Lounge Can Help

Filing Lounge offers comprehensive services for ensuring company compliance in India. We provide guidance on how to stay compliant with legal, tax, and business regulations, protecting your company from potential risks.

  • Expert Guidance: We offer expert consultation on the compliance requirements specific to your business.
  • End-to-End Service: From document collection to submission and follow-up, we manage the entire compliance process.
  • Timely Updates: We keep you informed on compliance deadlines and updates to applicable regulations.
  • Customized Solutions: Our services are tailored to meet the unique compliance needs of your business.

For more information, visit our Company Compliance page.

With Filing Lounge, you can ensure your company is compliant with all necessary regulations, enabling smooth operations and growth in the competitive market.

Proprietorship vs Limited Liability Partnership (LLP) vs Company

Features Proprietorship Partnership LLP Company
Definition A sole proprietorship is an unregistered business entity managed by a single individual. A legal contract between multiple parties to jointly manage and run a business operation. A business type that combines aspects of a partnership and the limited liability of a corporation. A registered business where owners and shareholders have limited liability.
Ownership
  • Single individual
  • Min 2 Partners
  • Max 50 Partners
  • Designated Partners: Min 2(No upper limit)
  • Min: 1 shareholder (for a private company), 7 shareholders (for a public company)
  • Max: 200 shareholders (for a private company), no upper limit (for a public company)

For One Person Company
  • Minimum: 1 individual
  • Maximum: 1 individual
Registration Time 7-10 working days
Promoter Liability Unlimited Liability Limited Liability
Documentation
  • Partnership Deed
  • PAN card of the partnership firm
  • LLP Agreement
  • Incorporation Certificate
  • PAN card of the LLP
  • MOA
  • AOA
  • Certificate of incorporation
  • PAN card of the company
Governance No specific governing law Governed by the terms outlined in the partnership deed Governed by the LLP agreement Governed by a formal structure including a Board of Directors
Transferability Business cannot be transferred Ownership transfer requires the consent of all partners as outlined in the partnership deed. Transferable Easily Transferable for public companies. In private companies, there might be some restrictions.
Compliance Requirements
  • Income tax filing if the turnover exceeds Rs. 2.5 lakhs.
  • Must file ITR 5
  • Must file ITR 5
  • File Form 11
  • Form 8
  • MCA filing
  • Auditor's appointment
  • File ITR 6

Company Compliance FAQ's

Who needs to comply with company regulations?

All businesses, including companies, partnerships, and sole proprietors, must comply with the regulatory requirements specific to their structure, industry, and jurisdiction.

What is the purpose of company compliance?

Company compliance ensures that businesses adhere to legal, financial, and operational standards, maintaining transparency, accountability, and integrity in business practices.

What documents are required for company compliance?

Key documents include the company's registration certificate, PAN card, address proof, identity proof of directors/owners, tax filings, and financial statements (balance sheets, profit & loss statements).

Can I handle company compliance online?

Yes, many compliance processes, including tax filings, GST returns, and annual filings, can be done online through government portals.

Is company compliance mandatory for all businesses?

Yes, all businesses, regardless of size or type, must meet the compliance requirements set by the respective government authorities in their jurisdiction.

How long does company compliance last?

Compliance is an ongoing process, and certain filings and renewals (such as annual returns, tax filings, and business licenses) must be done regularly, usually annually or quarterly.

What is the penalty for non-compliance?

Non-compliance can result in fines, penalties, legal actions, or even the suspension or dissolution of the business entity depending on the severity of the violation.

What are the benefits of company compliance?

Compliance ensures legal operation, avoids penalties, fosters business reputation, and ensures eligibility for government schemes, financial assistance, and tax benefits.

Can I renew my company compliance filings?

Yes, annual filings like financial reports, GST filings, and tax returns need to be renewed and submitted regularly to maintain compliance.

What is the process for company compliance?

The process involves understanding the regulatory requirements, preparing the necessary documents, submitting filings on the respective government portals, and maintaining ongoing compliance.

Can company compliance be transferred to a new owner?

Compliance obligations remain with the business entity. If the ownership changes, the new owner must ensure that compliance is continued with updated details.

How can Filing Lounge help with company compliance?

Filing Lounge provides expert assistance in meeting company compliance requirements, including document preparation, application filing, and ongoing support to ensure adherence to all relevant laws and regulations.

Related Business Registrations

In addition to registration or incorporation, a business may require other registrations depending on the business activity undertaken. Talk to an Advisor to find out registrations your business may require post registration.

MCA Compliance

Each registered entity is required to meet its compliance duties at the close of each financial year. This generally includes auditing financial statements, filing income tax returns, and submitting annual forms to the Ministry of Corporate Affairs (MCA).

Compliance For Form Due date Penalty
Commencement of Business Intimation to Registrar for Commencement of Business Within 180 days from incorporation INR 50,000 on company and INR 1,000 per day on directors for each day of default
Annual KYC of Directors DIR 3 E-KYC 30th September of every year INR 5,000 for late filing
Appointment of Auditor Form ADT 1 Within 15 days of the AGM INR 300 per day (max INR 12,000)
Financial Statements Form AOC 4 Within 30 days from the AGM INR 100 per day of default
Annual Return Form MGT 7 Within 60 days from the AGM INR 100 per day of default

All Limited Liability Partnerships (LLP) in India must file annual returns with the Ministry of Corporate Affairs (MCA). FilingLounge provides affordable services to help you keep your LLP compliant.

LLP Compliance Form Due date Penalty
Annual KYC of Directors DIR 3 KYC 30th September of every year INR 5,000 for late filing
Annual Return Form 11 May 30th every year INR 100 per day of default
Statements of Accounts and Solvency Form 8 30th October every year INR 100 per day of default (minimum penalty INR 10,000)

In addition to the filings listed above, there may be other compliance requirements relevant to LLPs. To ensure all compliance needs of your LLP are met, please seek assistance from a Filinglounge Advisor.

Entity Compliance Form Due date
Private Limited Company Annual Return MGT-7 Within 60 days from the conclusion of the AGM
Financial Statements AOC-4 Within 30 days from the conclusion of the AGM
DIR-3 KYC DIR-3 KYC 30th September every year
Return of Deposits DPT-3 30th June every year
Appointment of Auditor ADT-1 Within 15 days from the conclusion of the AGM
Income Tax Return (Non-audit case) ITR-6 31st July every year
Income Tax Return (Audit case) ITR-6 30th September every year
Annual GST Return GSTR-9 31st December of the subsequent financial year
MSME Form Form 1 (MCA) half-yearly return by 31st October (April to September), & 30th April for the period October to March every year
Limited Liability Partnership Income Tax Return (Non-audit case) ITR 5 31st July every year
Income Tax Return (Audit case) ITR 5 30th September every year
Annual Return Form 11 30th May every year
Financial Statements Form-8 30th October every year

Note : There might be extra filings needed depending on your business type and activities. Talk to a FilingLounge advisor to get the right guidance for your company's compliance.