Post-Incorporation Compliance Essentials – Under Company Act 2013

Post Incorporation Compliances for a Company- Checklist 2026

Incorporation of a company in India is a big achievement for any business. However, it does not end here. Your company, in order to be considered legitimate and to retain its corporate reputation, has to meet a number of post-incorporation compliance obligations. These obligations are mandatory under the Companies Act, 2013, and other relevant laws. Non-compliance with these obligations can result in penalties, legal issues, or even cancellation of registration. On the other hand, recognizing and executing these obligations mean smoother operations and stronger trust with stakeholders.

Why Post-Incorporation Compliance is Important

Once your online company registration in India is complete at MCA, compliance becomes a continuous responsibility. These obligations serve multiple purposes:

  • They strengthen corporate governance and enhance transparency.
  • They protect the company from legal risks and penalties.
  • They ensure the validity of your incorporation and maintain the company’s good standing.

Ignoring post incorporation compliances for section 8, for private limited or limited company or LLP etc can disrupt operations, invite fines, and harm the reputation of your business. Maintaining compliance is therefore as important as the registration process itself.

Key Post-Incorporation Compliance Tasks – Checklist

After company registration in India, several compliance steps must be completed within specific timelines. These form the foundation of legal operations for a company. Let’s follow the below checklist after incorporation of a company in India.

1. Verification and Maintenance of Registered Office

As per Section 12 of the Companies Act, a newly incorporated company must verify its registered office within 30 days. The registered office is the official address for all communication from the Registrar of Companies (ROC). Any subsequent change must be filed in Form INC-22. Failure to comply may attract penalties and legal scrutiny.

2. First Board Meeting

The first board of directors meeting must be held within 30 days of incorporation. During this meeting, critical decisions such as appointment of the first auditor, opening of the company bank account, and adoption of financial year are made. Subsequent board meetings must be held regularly, ensuring that the gap between two meetings does not exceed 120 days.

3. Appointment of Statutory Auditor

Within 30 days of incorporation, the board must appoint the company’s first statutory auditor. If the board fails, the shareholders must appoint the auditor within 90 days through an Extraordinary General Meeting (EGM). The auditor is essential for examining financial statements and ensuring audit compliance, safeguarding the credibility of your company.

Let’s Check: What is an Audit and Is Audit Mandatory for all Companies

4. Share Allotment and Issuance of Share Certificates

Once shares are allotted, the company must issue share certificates to shareholders within 60 days of allotment. Payment of stamp duty is also mandatory. Proper share issuance validates ownership and ensures compliance with the Companies Act. Neglecting this step can lead to penalties and legal complications.

5. Declaration of Commencement of Business

Companies with share capital must file Form INC-20A within 180 days of incorporation, declaring that all subscribers have paid their share value and the registered office is verified. Operating a business without filing this form may invalidate the company’s ability to commence operations.

6. Maintenance of Statutory Registers

After company registration in India, it is mandatory to maintain statutory registers such as:

  • Register of members
  • Register of directors and key managerial personnel
  • Register of charges
  • Minutes books for board and general meetings

These records must be kept up to date and are essential for audits, inspections, and legal compliance. Non-maintenance may attract fines.

7. Opening a Bank Account

Opening a bank account in the company’s name is crucial after company registration in India. This account is required for receiving share capital, paying operational expenses, and maintaining proper financial records. Documents such as the board resolution, incorporation certificate, MoA, AoA, and KYC of authorized signatories are necessary for account opening.

8. Annual Compliance and Filings

Once the initial post-incorporation compliance is complete, companies must focus on recurring compliance tasks:

  • Conduct Annual General Meetings (AGM) within the required timeline.
  • File annual return (Form MGT-7) and financial statements (Form AOC-4) with ROC.
  • Maintain proper books of accounts as per Section 128.
  • Ensure timely audits and audit report submissions.

These tasks ensure your company registration in India remains valid and compliant year after year.

Effective Management of Compliance

Compliance management after company registration in India can be streamlined with proper planning:

  • Compliance Calendar: Map all filings, meetings, and deadlines to avoid delays.
  • Professional Assistance: Employ a company secretary, chartered accountant, or compliance professional.
  • Documentation: Maintain records such as board resolutions, minutes, statutory registers, and audit reports.
  • Law Updates: Regularly check for regulatory updates to remain compliant.
  • Technology Use: Leverage compliance software or MCA portals to track and automate filings.

Common Pitfalls to Avoid

Even after completing company registration process in India, companies often overlook key compliance steps:

  • Delaying the first board meeting.
  • Not issuing share certificates within 60 days.
  • Missing Form INC-20A filing.
  • Neglecting statutory registers.
  • Delayed annual filings.

Avoiding these pitfalls helps maintain legal status and credibility.

Advantages of Strict Compliance

Companies that maintain proper compliance post incorporation enjoy numerous benefits:

  • Attract investors and banks easily.
  • Strengthen internal governance and reduce fraud risk.
  • Avoid legal penalties and operational disruptions.
  • Maintain credibility and reputation in the market.

Conclusion

Completing company registration in India is only the beginning. Post-incorporation compliance forms the foundation of a legally compliant, credible, and operationally sound business. From verifying the registered office, holding board meetings, appointing auditors, issuing share certificates, filing statutory forms, to annual compliance, every step is critical. Effective compliance ensures that your company remains in good standing and is poised for growth.

FAQs

1. What is post-incorporation compliance after company registration in India?
Post-incorporation compliance refers to the statutory obligations a company must fulfill after registration, including holding board meetings, appointing auditors, filing mandatory forms, maintaining statutory registers, and conducting financial audits as per the Companies Act, 2013. Compliance ensures legal validity and smooth functioning of the company.

2. Are these compliance requirements mandatory for all companies?
Yes, all companies registered in India must follow post-incorporation compliance under the Companies Act, 2013. While the basic obligations apply to every company, certain requirements may vary depending on the type of company, capital structure, and turnover, ensuring adherence to regulatory standards and avoiding penalties.

3. When must the first board meeting be held?
The first board meeting must be held within 30 days of company registration. Delaying it can lead to penalties and affect statutory processes, such as the appointment of auditors. Timely conduct ensures compliance and proper governance from the beginning of operations.

4. Can business operations start before filing Form INC-20A?
No, companies with share capital must file Form INC-20A within 180 days, declaring the receipt of share capital. Business operations cannot commence before this filing, as it is a legal requirement ensuring proper capital declaration and regulatory compliance under the Companies Act, 2013.

5. Why maintain statutory registers after incorporation?
Statutory registers, like registers of members, directors, and charges, are legal records required for audits, inspections, and corporate governance. Maintaining them ensures transparency, legal compliance, and smooth functioning. Non-maintenance can lead to penalties, fines, or legal complications under the Companies Act, 2013.

6. Within how many days should share certificates be issued?
Share certificates must be issued within 60 days of share allotment. They serve as proof of ownership and compliance with the Companies Act, 2013. Delayed issuance can attract penalties and disputes regarding shareholder rights and entitlements.

7. Is annual filing necessary after registration?
Yes, companies must conduct annual compliance, including holding AGM, filing annual returns (MGT-7), submitting financial statements (AOC-4), and ensuring audit compliance. Delays or non-filing attract penalties and can affect the company’s legal standing and credibility with regulators and stakeholders.

8. Does incorporation mean no further compliance is needed?
No. Incorporation marks the beginning, but post-incorporation compliance is continuous. A company must regularly fulfill statutory obligations, including board meetings, filings, and audits, to remain valid, operational, and legally compliant under the Companies Act, 2013.


9. What risks arise from non-compliance?

Risks include fines, director disqualification, legal notices, loss of credibility, inability to contract or borrow, and possible deregistration.

10. How can post-incorporation compliance be managed efficiently?
Use a compliance calendar, hire professionals, maintain records, stay updated with law changes, and leverage compliance software for tracking and timely filings.

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