Question 1

What annual ROC filings must a private company make?

Accepted Answer

A private company must file Form AOC-4 (financial statements) within 30 days of the AGM and Form MGT-7/7A (annual return) within 60 days of the AGM, hold at least four board meetings a year, and ensure each director completes DIR-3 KYC annually. Non-filing attracts daily additional fees and can lead to director disqualification.

Question 2

What is a secretarial audit and who needs it?

Accepted Answer

A secretarial audit (Form MR-3) is an independent check of compliance with the Companies Act and other applicable laws, conducted by a practising Company Secretary. It is mandatory for listed companies and for public companies meeting prescribed paid-up capital (₹50 crore) or turnover (₹250 crore) thresholds.

Question 3

How long does it take to incorporate a private limited company?

Accepted Answer

With documents in order, incorporation through the MCA's SPICe+ form typically completes in about 7–10 working days, including name reservation, DSC/DIN, PAN, TAN and the certificate of incorporation. GST and other registrations follow separately.

Question 4

What is the difference between strike-off and winding-up?

Accepted Answer

Strike-off (Form STK-2) is a simpler exit for a defunct company with no liabilities, removing its name from the register. Winding-up is the formal liquidation process — voluntary or through the NCLT/IBC — involving realisation of assets, settlement of creditors and distribution, with an appointed liquidator.

Question 5

Is a POSH policy mandatory for my company?

Accepted Answer

Every employer with 10 or more employees must constitute an Internal Committee under the Sexual Harassment of Women at Workplace (POSH) Act, adopt a policy, conduct awareness and file an annual return with the district officer. We help draft the policy, constitute the IC and maintain compliance.

Question 6

Can ESOPs be issued by a private company?

Accepted Answer

Yes. A private company can issue ESOPs under section 62(1)(b) by passing a special resolution and adopting a scheme compliant with the Companies (Share Capital and Debentures) Rules. We draft the scheme, the grant documents and the board/shareholder approvals, and coordinate the tax treatment.

Corporate Secretarial & Company Law

Corporate Secretarial & Company Law services

Incorporation & Setup

Ongoing ROC Compliance

Governance & Restructuring

Registrations & Entity Setup

ROC Filings & Corporate Actions

Listed-Entity & Governance

Disputes, IP & Competition Law

Take the next step with a free tool or guide

ESOP Taxation Calculator

Selected corporate secretarial & company law engagements

Corporate Secretarial & Company Law — frequently asked questions

Related practices

Industries we serve here

Speak to our Corporate Secretarial & Company Law team