MCA Compliances - Pvt Company

MCA Compliances – Private Limited Company

MCA (Ministry of Corporate Affairs) Compliances are mandatory annual and event-based filings that every Private Limited Company must complete under the Companies Act, 2013. Non-compliance attracts significant financial penalties (₹100 per day per form), potential director disqualification under Section 164(2), and in severe cases, striking off of the company from the MCA register.

About MCA Annual Compliance

Every Private Limited Company must hold an Annual General Meeting (AGM) within 6 months of the end of each financial year (by 30th September for March year-end), and file its annual returns and financial statements with the MCA within prescribed timelines post-AGM. Staying current with MCA filings is essential for maintaining the company's good standing, director KYC compliance, and regulatory clean chit.

Mandatory Annual Filings

• ADT-1 — Appointment of Auditor
  Filed within 15 days of the AGM where the auditor is appointed or ratified. Required every year for first 5 years of incorporation (annual ratification).
• AOC-4 — Financial Statement Filing
  Filing of Audited Balance Sheet, P&L Account, and Directors' Report with MCA. Due within 30 days of the AGM (by 30th October for March year-end typically).
• MGT-7 / MGT-7A — Annual Return
  Annual Return containing details of shareholders, directors, and company activities. Due within 60 days of AGM (by 29th November for March year-end).
• INC-20A — Declaration of Commencement of Business
  One-time filing for newly incorporated companies — must be filed within 180 days of incorporation.
• DIR-3 KYC — Director KYC
  Annual KYC update for all directors holding DIN — due by 30th September each year.

Event-Based Filings

• DIR-12 — Appointment, resignation, or change in directors.
• SH-7 — Change in authorized capital.
• INC-22 — Change in registered office address.
• PAS-3 — Return of allotment of shares.
• MGT-14 — Filing of board/shareholder resolutions.
• CHG-1 — Creation or modification of charge on company assets.

Other Annual Compliance Activities

• Holding minimum 4 Board Meetings per year (every quarter, gap not exceeding 120 days).
• Holding Annual General Meeting (AGM) within 6 months of financial year end.
• Maintaining statutory registers — Register of Members, Register of Directors, etc.
• Maintaining minutes books — Board Meeting minutes and AGM minutes.
• Filing of MSME Return (Form MSME-1) for companies with MSME suppliers.
• DPT-3 Return — Return of Deposits / Outstanding Loans from Shareholders.

Penalties for Non-Compliance

• Late filing fee: ₹100 per day per form — no maximum cap.
• Cumulative penalty for 2+ years non-filing: Additional ₹5,000 per return.
• Director disqualification under Section 164(2) for 3+ consecutive years of non-filing.
• Striking off of company name from MCA register under Section 248.

Benefits of Timely MCA Compliance

• Zero late filing penalties — save significant amounts annually.
• Directors protected from disqualification.
• Company maintained in "Active" status on MCA records.
• Investor and banker confidence in well-governed, compliant company.
• Ease of fundraising, due diligence, and regulatory clearances.