Registering a private limited company is only the beginning of your entrepreneurial journey. What follows is a series of legal and regulatory obligations that every company must fulfil to remain in good standing with the Registrar of Companies (ROC) and other statutory authorities. These obligations are collectively referred to as post incorporation compliance. Ignoring or delaying them can attract hefty penalties, disqualification of directors, and even the striking off of your company's name from the MCA records.
Whether you have just received your Certificate of Incorporation or completed your private limited company registration a few months ago, understanding what comes next is critical. This guide walks you through every mandatory filing, timeline, and penalty so that you can focus on building your business without compliance worries.
What is Post-Incorporation Compliance?
Post incorporation compliance refers to the set of statutory requirements a private limited company must complete after it receives its Certificate of Incorporation from the Ministry of Corporate Affairs (MCA). These requirements arise under the Companies Act, 2013, the Income Tax Act, 1961, and various state-level legislations.
The compliance after company registration can be broadly divided into three categories: immediate compliances that must be completed within 30 to 180 days of incorporation, recurring annual compliances that repeat every financial year, and event-based compliances triggered by specific changes in the company's structure or operations. Each category carries its own set of forms, deadlines, and consequences for default.
Immediate Compliances After Company Registration
Once you receive the incorporation certificate, a clock starts ticking on several mandatory filings. Missing these early deadlines is a common mistake among first-time founders, and it sets a problematic precedent with the regulatory authorities.
Opening a Current Bank Account
The very first step after incorporation is opening a current bank account in the company's name. You will need the Certificate of Incorporation, PAN card of the company, a board resolution authorising the opening of the account, and KYC documents of all directors. The paid-up share capital must be deposited into this account by the subscribers mentioned in the Memorandum of Association.
Filing INC-20A: Declaration for Commencement of Business
Every company incorporated after November 2, 2018, must file Form INC-20A within 180 days of incorporation. This declaration confirms that every subscriber has paid the value of shares agreed to be taken by them, and that the registered office is verified. Failure to file INC-20A within the stipulated time attracts a penalty of Rs. 50,000 on the company and Rs. 1,000 per day on every officer in default. Furthermore, the ROC can initiate action to remove the company's name from the register if this form remains unfiled.
Appointment of First Auditor: Section 139(6)
The Board of Directors must appoint the first statutory auditor within 30 days of incorporation. This auditor holds office until the conclusion of the first Annual General Meeting (AGM). Once appointed, Form ADT-1 must be filed with the ROC within 15 days. The audit requirement applies to every private limited company regardless of turnover, making it a non-negotiable part of compliance after company registration.
PAN and TAN Allotment
The Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) are now allotted automatically through the SPICe+ incorporation form. However, you should verify that both numbers are active and correctly linked to your company on the income tax portal. TAN is essential for deducting TDS on payments such as salaries, rent, and professional fees.
GST Registration
If your company's aggregate turnover exceeds Rs. 40 lakh for goods (Rs. 20 lakh for services and for special category states), GST registration becomes mandatory. Even below these thresholds, companies involved in interstate supply or e-commerce must register. Early registration also allows you to claim Input Tax Credit from day one, which can significantly reduce your effective tax outflow.
Professional Tax and Shops and Establishment Registration
Professional tax registration is mandatory in states like Maharashtra, Karnataka, West Bengal, and others where this levy applies. Similarly, every company operating from a physical premises must obtain a Shops and Establishment licence from the local municipal authority. The timelines and fees vary by state, but most require registration within 30 days of commencing business at a particular location.
Annual Compliance Requirements for Private Limited Companies
Beyond the initial filings, every private limited company must complete a set of annual compliances. These recurring obligations ensure transparency, accountability, and continued legal standing. Neglecting them for even a single year can trigger penalties, and missing them for three consecutive years can lead to director disqualification.
Board Meetings
A private limited company must hold a minimum of four board meetings every calendar year, with a gap of not more than 120 days between two consecutive meetings. The first board meeting should be conducted within 30 days of incorporation. Minutes of each meeting must be recorded in the minutes book and maintained at the registered office.
Annual General Meeting (AGM)
The first AGM must be held within nine months from the close of the first financial year. Subsequent AGMs must take place within six months of the end of every financial year, which means by September 30 each year. The AGM is the forum where financial statements, the auditor's report, the directors' report, and other statutory matters are placed before the shareholders for approval.
Filing of Annual Return: Form MGT-7 or MGT-7A
Form MGT-7 (or MGT-7A for small companies and one person companies) must be filed within 60 days from the date of the AGM. This form captures details of the company's shareholders, directors, share transfers, indebtedness, and other key particulars. Late filing attracts additional fees of Rs. 100 per day of delay, with no upper limit on the total penalty.
Filing of Financial Statements: Form AOC-4
The audited financial statements, including the Balance Sheet, Profit and Loss Account, Cash Flow Statement, and notes to accounts, must be filed in Form AOC-4 within 30 days of the AGM. Companies using Indian Accounting Standards (Ind AS) file Form AOC-4 (XBRL). This is one of the most critical elements of post incorporation compliance as it places the company's financial health on public record.
Income Tax Return Filing: ITR-6
Every private limited company must file ITR-6 with the Income Tax Department. The due date is October 31 of the assessment year for companies that require a tax audit, and July 31 for those that don't. A statutory audit under Section 44AB is mandatory if the company's turnover exceeds Rs. 1 crore (Rs. 10 crore in certain cases involving digital transactions). The company must also comply with advance tax provisions if its tax liability for the year exceeds Rs. 10,000.
Director KYC: Form DIR-3 KYC
Every individual holding a Director Identification Number (DIN) must file DIR-3 KYC by September 30 each year. This annual KYC update ensures the MCA has current contact and identity details for all directors. A late fee of Rs. 5,000 applies if the form is filed after the deadline, and the DIN gets deactivated until the KYC is completed.
DPT-3: Return of Deposits
If your company has accepted any deposits or outstanding loans that are not considered deposits under the Companies Act, Form DPT-3 must be filed with the ROC by June 30 every year. This includes loans from directors, inter-corporate loans, and other specified transactions. Non-filing can result in penalties on both the company and its officers.
MSME Form 1: Half-Yearly Return
Companies with outstanding payments to micro or small enterprises exceeding 45 days must file MSME Form 1 on a half-yearly basis. The due dates are October 31 (for April to September) and April 30 (for October to March). If your company deals with MSME-registered suppliers, tracking payment timelines becomes especially important to avoid both this filing obligation and interest under Section 16 of the MSMED Act.
Event-Based Compliances
Certain changes in your company's structure or operations trigger additional filing requirements. These are not periodic but must be addressed within strict timelines whenever a relevant event occurs.
When you appoint or remove a director, Form DIR-12 must be filed within 30 days. A change of registered office within the same city requires Form INC-22, while a shift to a different state demands Form INC-23 along with approval from the Regional Director or the National Company Law Tribunal. Any increase in authorised share capital calls for Form SH-7, and allotment of new shares requires PAS-3 to be filed within 15 days. Alterations to the Memorandum or Articles of Association must be reported through Form MGT-14 within 30 days.
If your company plans to expand its brand identity, consider protecting your company name and logo through trademark registration early on. While this isn't a mandatory compliance, it can save you from costly disputes down the line.
Penalties for Non-Compliance: A Quick Reference
Understanding the financial consequences of missing compliance deadlines can help you prioritise your filings. Here is a summary of the key penalties applicable to private limited companies.
| Compliance | Deadline | Penalty for Default |
| INC-20A (Commencement of Business) | 180 days from incorporation | Rs. 50,000 on company, Rs. 1,000/day on officers |
| ADT-1 (Auditor Appointment) | 15 days of appointment | Rs. 300/day of delay (max Rs. 12,000) |
| AOC-4 (Financial Statements) | 30 days from AGM | Rs. 100/day of delay, no upper limit |
| MGT-7 (Annual Return) | 60 days from AGM | Rs. 100/day of delay, no upper limit |
| DIR-3 KYC | September 30 each year | Rs. 5,000 late fee, DIN deactivation |
| ITR-6 (Income Tax Return) | October 31 of assessment year | Rs. 10,000 under Section 234F |
| DPT-3 (Return of Deposits) | June 30 every year | Rs. 10,000 to Rs. 25,00,000 on the company |
Why Staying Compliant After Company Registration Matters
Compliance after company registration isn't merely a legal formality. It directly affects your ability to raise funds, secure contracts, and build trust with stakeholders. Investors and venture capital firms conduct thorough due diligence before committing capital, and any gaps in your compliance history can derail a funding round. Similarly, banks evaluate MCA filings before sanctioning business loans.
If you are a startup registered under the Startup India scheme, maintaining clean compliance records is even more important. Tax exemptions, self-certification benefits, and government tenders often require an active compliance status. A single default can strip you of eligibility for these advantages.
For founders juggling product development, hiring, and market entry, partnering with a professional firm for compliance management can be a practical decision. It ensures deadlines are met without pulling your attention away from core business activities.
Conclusion
Post incorporation compliance is not a one-time task. It is an ongoing responsibility that starts from the day your private limited company comes into existence. From filing INC-20A and appointing an auditor within the first 30 days, to submitting annual returns, financial statements, and income tax filings every year, each obligation carries specific deadlines and penalties for default.
Staying on top of compliance after company registration protects your directors from disqualification, keeps your company active on the MCA portal, and builds the credibility you need to attract investors and secure partnerships. If your company is newly incorporated and you need assistance with any of these filings, consider working with a professional accounting firm that understands the regulatory landscape. You can explore our business registration and accounting services to get end-to-end support for all your compliance needs.
