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COMPANY SECRETARIAL ROC COMPLIANCE

Company Secretarial & ROC Compliance

Secretarial compliance is the least glamorous item on any finance agenda and the one most likely to cause a problem at exactly the wrong moment. Diligence for a funding round or a sale routinely stalls on registers that were never written up, board minutes that don't exist for resolutions that were passed, and forms that were filed late or not at all. The penalties under the Companies Act, 2013 are per-day and apply to the company and to officers in default. We maintain the secretarial function properly and continuously, so the records exist before anyone asks for them.

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What's included

Incorporation and setup

Name reservation (RUN / SPICe+ Part A) and incorporation (SPICe+, AGILE-PRO-S, INC-9)
Drafting the Memorandum and Articles of Association
DIN and DSC procurement
LLP incorporation (FiLLiP) and LLP agreement drafting
Registration of Section 8 companies, and support for trusts and societies
Branch office, liaison office and project office establishment for foreign companies

Ongoing Compliance

Board meeting cycle: Notice, agenda, board notes, attendance, minutes, resolutions
Annual general meeting: Notice, directors' report, annual accounts circulation, minutes
Maintenance of statutory registers - Members, directors, charges, related party contracts, loans and investments, share transfers
Annual filings: AOC-4 / AOC-4 XBRL (financial statements) and MGT-7 / MGT-7A (annual return)
Directors' Report, Extract of Annual Return and secretarial disclosures
DIR-3 KYC for every director, annually
DPT-3 (return of deposits), MSME-1 (dues to micro and small enterprises), BEN-2 (significant beneficial owners)
Form MGT-14, DIR-12, ADT-1 and event-based filings
Charge creation, modification and satisfaction: CHG-1, CHG-4
Related party transaction register and approvals under section 188
CSR compliance and CSR-2 filing, where applicable

Corporate Actions

Share allotment, transfer and transmission; share certificates and PAS-3
Rights issue, bonus issue, private placement documentation
Increase in authorised capital, alteration of MOA/AOA
Change of registered office - within city, within state, between states
Change of name, change of objects
Appointment, resignation and change in designation of directors and KMP
Buy-back and capital reduction support
Conversion - private to public, company to LLP and the reverse
Strike-off, dormancy (MSC-1) and winding-up support

Health Checks

Secretarial due diligence and record reconstruction
Compounding applications and condonation of delay
Pre-transaction secretarial readiness review

Who This Is For

Every private and public company and LLP, but especially: companies preparing for investment or sale, foreign-owned subsidiaries with directors abroad, companies with a history of late filings, and groups with multiple entities to keep in order.

Frequently Asked Questions?

Recoverable in almost every case. We reconstruct from filings, bank records, board decisions and correspondence, then bring the registers current and keep them current. Doing it now costs a fraction of doing it under diligence pressure.

We prepare the full documentation cycle. [[ Confirm whether a qualified CS attends meetings, and whether that is included or chargeable. ]]