TOP 10 TIPS TO AVOID A PENALTY

by

Failing to adhere to ROC Compliance is bad enough, but the fines, penalties and Challenges can make your financial burden substantially worse. This can make it tough for the business owners to manage and run their business smoothly.

REASONS FOR NONCOMPLIANCE

POOR INTENT- The organization may not be serious about Annual Return Filing or any ROC filing. This can result in ROC Noncompliance

CASH FLOW CHALLENGES- The Company or LLP may not able to pay taxes on time due to cash flow challenges

INSUFFICIENT EXPERTISE- The business owners may be ignorant about all the rules and regulations that they need to follow as per ROC. But Ignorance of law is no excuse. It is advisable to engage ROC filing services from professionals.

PROCESS FAILURE- Sometimes there can be errors in the information submitted to ROC. There can be errors in ROC forms uploaded too. This is also considered as non-compliance.

LEVELS OF NON COMPLIANCE

Noncompliance is dealt with severely by ROC. The following are various levels of actions taken for Non-compliance

FINES—It is the first step of non-compliance where fines are levied. This is an unnecessary cost that can be easily avoided through on time tax payments and ROC Filing in Chennai

PENALTIES OR SCRUTINY—It is the next level of action by ROC. Here the company has to bear the additional cost of fine and penalties, spend precious business hours for scrutiny by the department. OFFENCE- It is the further level of action taken by ROC. Here the offensive organization has to bear additional cost, spend precious business hours on scrutiny and the status of the company goes to dormant status. It is a serious offence if the company is yet to resolve the issue

STRIKE OFF- This is the last stage wherein ROC directs the organization to pay all fines or penalties. Precious business hours are wasted on scrutiny by the department. Your company will be struck off from the register of companies and the authorized persons may have to face imprisonment too.

ROC NON COMPLIANCE AND THEIR CONSEQUECES

NON COMPLIANCE -Failure to carry out Annual Return filing

CONSEQUECES- Delay up to 330 days of AGM, Maximum up to 12 times of normal fees. —If AGM is above 330 days, then 12 times of normal fees plus Fine not be less than Rs. 50,000/- but which may extend to Rs.5,00,000

NON COMPLIANCE- Failure to carry out Annual Return Filing – Directors

CONSEQUECES- If AGM is above 330 days, then Imprisonment for 6 month , Fine not be less than Rs. 50,000/- but which may extend to Rs. 5,00,000 or both

NON COMPLIANCE- Failure in Filing of Financial Statements

CONSEQUECES -Delay up to 330 days of AGM, Maximum up to 12 times of normal fees. If AGM delay above 330 days, then 12 times of normal fees plus Fine not be less than Rs. 1,000/- but which may extend to Rs. 10,00,000

NON COMPLIANCE- Failure in Filing of Financial Statements- Directors

CONSEQUECES- More than 330 days of AGM, Imprisonment for 6 month , Fine not be less than Rs. 1,00,000/- but which may extend to Rs. 5,00,000 or both

NON COMPLIANCE- Failure in Maintenance of Statutory Registers and Records

It is a must for organizations registered with ROC to maintain 1. Register of Directors and KMP’s and their Shareholding 2. Register of Members  3. Register of Charges  4. Register of Loans, Guarantee, Security and Acquisition  5. Register of Investments  6. Register of Contracts  7. Board Meeting Minutes and Annual General Meeting

CONSEQUECES- Penalty may be varies from Rs. 1,000 to Rs. 5,00,000

NON COMPLIANCE- Failure in Event-Based Filings

Event-Based Filings  are 1. Change in Authorized or Paid-up Share Capital of the Company. 2. Transfer of shares 3. Appointment / Change of Directors. 4. Appointment or Change of Auditors. 5. Loans are given to other Companies. 6. Loans to Directors (only if the company complies with Section 185) 7. Opening or closing of bank accounts or change in authorized signatories. 8. Creation or satisfaction of Charges. It is a must for organizations registered with ROC to do event based filings

CONSEQUECES- Penalty may be varies from Rs. 1,000 to Rs. 5,00,000

TOP 10 TIPS TO AVOID PENALTY

Following are the 10 Tips to avoid Penalty or fines

  1. ON TIME PAYMENTS- It is important to pay your taxes on time within due date to avoid penalties, fines or interest. It is the first step of compliance
  2. ON TIME REPORTING- ROC expects proper reporting of business activities and their financial statements within due dates. It is necessary to report all financial activities of the business periodically through relevant ROC filings
  3. RIGHT COMPLIANCE – Follow the practice of on time tax payments, on time reporting or filing of returns and adhere to relevant guidelines of ROC. This ensures you to be in the good books of ROC.
  4. CALENDER OF ACTIVITIES- Prepare a calendar of activities every month to keep track of due dates for various payments, reporting or filing. Your could engage professional services of ROC filing for private limited companies or  ROC Filing in Chennai  to keep you updated about due dates and payments
  5. CHECKLISTS – Prepare a checklist periodically to crosscheck whether you have complied all the payment due dates and reportings to ROC. This ensures better control over the affairs to be reported to ROC. Professionals like Auditors in Chennai or Company Secretaries can help with ROC Filing in Chennai 
  6. SPECIALIST AUDITS- To be ahead you could engage professional ROC filing services to conduct specialist audits and verification of your books of accounts to ensure you are on the right path.
  7. ENGAGE PROFESSIONALS- It is always advisable to engage professional like Chartered Accountants in Chennai or Company Secretaries to handle all the activities related to ROC.
  8. OUTSOURCE YOUR BACK END TASK- We understand entrepreneurs need to concentrate on core business activities rather than worry about back end tasks of accounting,tax and compliance. Outsource all your back end task to professionals who are competent.
  9. BE HONEST AND PAY RIGHT TAX- Keep your accounts clean and pay your taxes right. This goes a long way in making you honest tax payer and be in good books of ROC
  10. CASH FLOW MANAGEMENT- It is important to have good cash flow management to meet all your tax obligations and compliances. This is the most important action to be taken by every organization.

We understand you still have queries and need clarifications on ROC compliance. 

Filing Point is top business registration specialists in Chennai. We are one stop solution business services provider. In case you are looking for ROC filing services in Chennai, Filing Point can help you with your requirements. We are always happy to answer your queries anytime. Get in touch with us today.

5 BIGGEST ADVANTAGES OF COMPANY REGISTRATION

by

Private Limited Company Registration @ Rs.4499/-

Introduction

You have great business ideas and want to start your new venture or you may want to grow your existing business. You may be thinking about whether it is the right time to register a company. Setting up your company is very easy and stress-free. A registered company offers greater legal protection. By registering your business as a company you can operate more effectively with legal compliance.

Here are the 5 Biggest Advantages of Registering Your Company

Limited Personal Liability

The first and foremost benefit of doing business by registering as a company is a limited liability conferred upon the company’s directors and shareholders. A sole trader or partner is legally responsible for all business aspects including debts and losses. But a Company is a separate legal entity. The creditors of your business cannot lay claim on your personal assets in the event of losses in the business or business failure. Your liability is limited to the shares owned by you. A company is a sure way to protect your personal assets from your business actions. The Directors or Shareholders are not made bankrupt and have no personal liabilities in the event of business failure.

Enhanced Brand Image and great relationships with your customers and suppliers

Think about the biggest brands in the world today: Microsoft, Walmart, Coca-Cola, Google, etc. All are registered companies. Registering your business as the company enhances your reputation and perception of your business. Accountability is also established with your company structure.

Third parties like customers and suppliers prefer to have business with a company rather than with proprietorship or partnership. Hence registering your business as a company is important for any future dealing with third parties. Even larger organization open their business gates only to companies.

Raise Big capital

If you register your business as a company, you can easily attract investors and raise money for your business. A company gives you the ability to borrow and incur debt, but more importantly, it enables you to sell shares and raise equity capital. Raising money is essential for the development and expansion of your business. Investors and banks prefer to lend money to companies than proprietorship or partnership firms. As such a company has better avenues for borrowing funds. It can issue debentures or accept deposits from the public too.

Easy to attract quality workforce

With your business registered as a company, you can easily attract a quality workforce and achieve the strategic motivation of employees. You can use a flexible and wide range of management designations or ESOP to attract and retain a talented workforce in the company. The secret behind the success of any business is the talented workforce.

Dual Relationship

In the company form of business, you can draw up a contract with any of its shareholders/directors. A person can have control of a company and at the same time be in its employment. Thus, a person can be a shareholder, director, creditor, and employee of the company at the same time. For eg: He can receive remuneration as a director +  He can receive the dividend as a shareholder  +  He can receive lease rent as a lessor  +  He can lend money and earn interest as a creditor  + He can supply goods from his other business as a supplier.

Conclusion

We make your company registration quick and easy. It is a 100% online registration process. We offer a range of packages and additional services to help protect your company from the get-go.

Ready to Register? Contact Us!

Private Limited Company Registration @ Rs.4499/-