Company Registration in Pune

Basic Requirements for company registrations:

1. Proposed name of the company

2. Proposed business activities of the company

3. Capital of the company

4. Minimum two shareholders

5. Minimum two directors

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Annual Compliances

Every registered company needs to file its accounts to Registrar of Companies (ROC) on annual basis. Annual filing is to be done within 30 days from the date of Annual General Meeting (AGM). AGM has to be conducted within 6 months from the end of financial year. Financial Year is from 1st April to 31st March. Therefore, AGM has to be conducted upto 30th September every year and annual filing is to be done upto 29th October every year.

Annual return consists of information and documents that include the Balance Sheet of the Company, Profit & Loss Account, Compliance Certificate, Registered Office Address, Register of Member, Shares and Debentures details, Debt details and information about the Management of the Company. The annual return would also disclose the shareholding structure of the Company, changes in Directorship and details of transfers of securities. 

Usually, a company is required to file two forms with ROC:

ROC Form MGT 7: which contains details of shareholding structure, change in directorship and details of the transfer of shares during the year if any. Due date for ROC Form MGT 7 would be 28th November that is 60 days from the conclusion of AGM.

ROC Form AOC4: which contains details and annexure relating to Balance Sheet of the Company, Profit & Loss Account, Compliance Certificate, Registered Office Address, Register of Member, Shares and Debentures details, Debt details and information about the Management of the Company. The due date for ROC Form AOC 4 would be 29th October i.e. 30 days from the conclusion of the AGM.

Dir-KYC

Every director holding a valid Director Identification Number (DIN) has to mandatorily complete KYC on or before 30th September every year. If the director has done KYC for last financial year & there is no change in current year, then he has to validate the existing KYC. If there is a change in KYC details, then he has to file Form DIR-3 KYC with applicable documents certified by a professional.

Types of Companies

Private Company

A private limited company is a company owned by a small group of people with common pre-defined objects. It is also called as closely held company. Key features of a private limited company are:

No. of members/shareholders:

Minimum no. of shareholders of a private company are two and maximum no. can be 200. Individual as well as non-individual can become a shareholder. If two or more persons are holding shares jointly, they shall be considered as one shareholder for this purpose

Transfer of shares:

In case of a private company, transfer of shares is restricted. The shares are not freely transferable. If a shareholder is seeking exit from the company, he is first required to offer the shares to an existing member and then to a third party. Further, the proposed transfer is required to be approved by the Board Members. This kind of restriction is put to retain the private ownership of the company.

Prohibition to invite public to subscribe securities:

The Private Companies are prohibited by its definition to invite public for subscription of securities. Therefore, it cannot offer shares to general public. Private companies can issue shares by way of private placement with the approval of board members.

Public Company

Public company does not have restrictions placed for private company. Minimum no. shareholders are 7 and there is no maximum limit. Shareholders can transfer their shares freely. There are no restrictions on transfer of shares. Public companies can issue shares to general public also. Public company can be listed on any stock exchanges like NSE, BSE, etc. or it can be unlisted as well.

One Person Company (OPC)

As the name suggests, one person company (OPC) can be incorporated by only one person. The key features of OPC are:

Organized form:

OPC provides organized form of business for proprietorship firms. Many small & medium enterprises are doing business in traditional proprietorship form which has unlimited liability. OPC provides separate legal status and limited liability.

Lesser compliance burden:

OPC is registered under companies act & therefore it has to do ROC compliances like other types of companies. But, OPC has been exempted from many compliances & has lesser compliance burden.

Minimum Requirements:

Minimum requirements for OPC are:

1. One shareholder

2. One director

3. The director & shareholder can be the same person

4. One nominee

5. No minimum capital

6. Letters “OPC” to be suffixed with the name