Post incorporation compliances

[Bharti Ahuja]

Dear Members,

Need to know what all post incorporation compliance a newly incorporated private limited company has to undertake.

If any one has related documents/ information, please share the same.

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Best Regards,

Bharti Ahuja

[Sowmya Khushi]

Dear Bharti,

Kindly find the attachment of Post incorporation checklist. It may help you. 

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Sowmya.S

[CS Simranjeet Singh]

dear Somya thanks for this attachment.. useful for me too.. but in the last point u hav mentioned to file form PAS-3? why PAS-3 is to be filed ??

 

 

Regards,

Simranjeet Singh

Associate Company Secretary

"To know, is to know that you know nothing. that is the meaning of true knowledge."

   

[Sowmya Khushi]

It is for allotment of shares, if any

[CS Simranjeet Singh]

ok.. we r not required to file this form pas-3 for initial subscription by subscibers of memorandum ??? right ?? but stamp duty is to be paid for this ?

[Bharti Ahuja]

Dear Sowmya,

Thank you so much for sharing the necessary compliance list.

It is really useful.

Best regards,

Bharti

Best Regards,

Bharti Ahuja

[Sowmya Khushi]

Dear Simranjeet Singh,

Subscribers of MOA are deemed shareholders of the company. They don't need to take shares. As soon as they subscribe the MOA & file it with ROC along with other incorporation documents they become the members as well as shareholders of the company. They are deemed members and shareholders of the Company.  As we need to show the receipt of payment from subscribers in form INC1- 21 hence such amount should be deposited by the subscribers after incorporation of the Company in the newly opened bank a/c of the company and record the same in the BM Minutes. Hence Form-PAS 3 is not required to be filed for subscribers hence no formal allotment is required in case of subscribers.

Others views are solicited.

[Premnarayan]

Dear Friend,

 

Thanks for sharing exclusive compilation.

 

However, I have reservation w.r.t. Filing of PAS 3 as mentioned in point 15 of the attached checklist. It’s not required for the shares subscribed in the Memorandum.

 

Thanks & regards,

CS. Premnarayan Tripathi

PRT & Associates,

Company Secretaries

201, Sarthik Square, Nr. GNFC Info Tower,

S G Highway, Ahmedabad - 380054

(M): +91 89800 26497

E-mail: premnar...@gmail.com

[Deepti Jairaj]

As per Section 120 of the New act since the minutes, register etc. can be maintained in electronic form, I think purchase of minutes loose leaf & statutory register is not mandatory. Please let me know if that is still required to be purchased.

[Premnarayan]

Dear Friend,

 

Maintaining in electronic form is Optional even for listed companies as per recent MCA circular.

 

After going through the provisions specified in the Companies (Management and Administration) Rules, 2014, I trust you will surely start maintaining it in Hard copy rather in Electronic Form!!

 

Thanks & regards,

CS. Premnarayan Tripathi

PRT & Associates,

Company Secretaries

201, Sarthik Square, Nr. GNFC Info Tower,

S G Highway, Ahmedabad - 380054

(M): +91 89800 26497

E-mail: premnar...@gmail.com

 

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[Bharti Ahuja]

Respected members,

Section 56 (2) states that every company needs to issue share certificates to the subscribers to memorandum within a period of two months from the date of incorporation.

Does this mean that companies are actually required capitalize and  file declaration of commencement of business within 60 days and not from 180 ( and not as per section 11)

Please clarify

[K.Muthusamy]

Beautiful compliation and follow up explantion

congrates sowmya

With regards

 

K.MUTHUSAMY B.Com, FCMA, FCS

JMACS ASSOCIATES 

Company Secretaries in Practice | No:51 First Floor | Ramasamy Layout ( DPF Street) | Papanaickenpalayam | Coimbatore-641037
Phone : 0422 - 224 5 224, Mobile : 94433 71791

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[Sowmya Khushi]

Thank you Sir

[Bharti Ahuja]

Hi Sowmya,

what are your thoughts on the following query:

Section 56 (2) states that every company needs to issue share certificates to the subscribers to memorandum within a period of two months from the date of incorporation.

Does this mean that companies are actually required capitalize and  file declaration of commencement of business within 60 days and not from 180 ( and not as per section 11)

Best Regards,

Bharti Ahuja

[capra...@gmail.com]

Thanks for such a well explained article

[ankush sachdeva]

Hi 

can u share the link of that article with us also 

 Sent with Mailtrack

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Regards

Ankush Sachdeva