For the purposes of better and transparent corporate governance and impeccable regulation of companies active in various economic fields, the new Indian Companies Act of 2013 has made certain intelligent and prudent changes in the requirements associated with the annual compliances to be made by these companies. Some of the major changes in the annual compliance filings by the concerned companies, introduced by the new Indian Companies Act of 2013, which are made applicable from the financial year 2014-15 onwards, are the following:

Now, the Directors Report will also include things like the Dates of Board Meetings held during the Financial Year, No. of Board Meetings attended by the Directors, Disclosure of Sexual Harassment Act, etc.
Now, the Annual Return will be filed in form MGT-7, which contains new provisions of Certification and Signing, whichever is applicable.
Now, the Annual Financial Reports include the following --- Balance Sheet and Statement of Profit & Loss Account; Cash Flow Statement (Except Small Companies and OPC); and Consolidated Financial Statement.
Again, applicable from 1st July 2015, now every meeting shall be conducted strictly as per the provisions of Secretarial Standards and Companies Act of 2013.

Annual Compliance Filing Forms and Guidelines

As per the rules, provisions, and regulations of the new Indian Companies Act of 2013, the forms used for annual compliances by the different types of companies engaged in various economic sectors of India, are the following:

Forms to be used for making annual compliances by the One Person Companies (OPCs), Small Companies, and the Private Limited Companies: MBP - 1; DIR - 8; MGT-7; AOC-4; ADT-1; MGT-8; etc. whichever are applicable. Here, it may be noted that, in case of an OPC, there is no need to hold an AGM (Annual General Meeting). Again, the Secretarial Standards-I & II are not applicable to OPCs, and there is no necessity to prepare the Cash Flow Statement by an OPC.
Forms to be used for making annual compliances (both compulsory and limit-based annual compliances) by the Unlisted Public Limited Companies: MBP- 1; DIR - 8; DIR- 12; MGT-7; AOC-4; MGT-14; MGT-8; ADT-1; DPT- 3; MR-1; etc.
Forms to be used for making annual compliances by the Listed Public Limited Companies: MBP- 1; DIR - 8; MGT-7; AOC-4; MGT-14; MGT-8; MGT-15; MGT-14; CRA- 2; DIR- 12; ADT-1; E- form MGT-14; E- form MGT- 10; DPT- 3; MR-1; MR - 3; and Annual Compliances under the Listing Agreement of SEBI and Secretarial Standards I & II. Here, it must be noted that as per the provisions and regulations of the Companies Act of 2013, all listed companies and other public limited companies falling under the following categories, must file a Secretarial Audit Report along with the Board Report in Form No. MR-3: --- when the total paid-up capital becomes Rs 50 Crore or More; Or when the Turnover becomes Rs 250 Crore or More.

To know more about the annual compliances to be made by the concerned type of company, the forms used for compliances, and the mandatory enclosures/attachments, please contact readily at: +91-81303-00046; or mail your questions promptly to: companies@globaljurix.com. Also, our lawyers are well-versed in performing annual compliances on behalf of all types of companies involved in various Indian economic sectors.

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