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Company Incorporation & ROC Matters

Company Incorporation & ROC Matters


Introduction

Company incorporation is the foundational step in establishing a legally compliant and operationally sound business structure. However, incorporation is only the beginning. Post-registration, companies are required to comply with continuous statutory obligations under the Companies Act, 2013 and applicable rules prescribed by the Ministry of Corporate Affairs (MCA).

Our Company Incorporation & ROC Compliance Services are designed to provide end-to-end regulatory support — from structuring and registration to ongoing compliance management, ensuring that businesses remain compliant, documentation-ready, and governance-aligned.


Who Needs This Service

This service is relevant for:

  • Startups and early-stage businesses

  • Private Limited Companies

  • One Person Companies (OPC)

  • Public Limited Companies

  • Section 8 (Non-Profit) Companies

  • Holding and Subsidiary Structures

  • Foreign-owned entities establishing presence in India

  • Existing companies requiring ROC compliance support

Businesses seeking structured governance and regulatory stability require professional handling of incorporation and ongoing ROC matters.


Scope of Services – What We Cover


A. Company Incorporation Services

  • Advisory on appropriate legal structure (Private Ltd, OPC, LLP comparison guidance)

  • Name availability assessment and reservation

  • Drafting of Memorandum of Association (MOA) and Articles of Association (AOA)

  • SPICe+ filing and incorporation documentation

  • PAN, TAN, and DIN processing

  • Professional certification and filing with MCA

  • Assistance in opening bank account documentation

We ensure incorporation is structured correctly from a regulatory and tax perspective.

B. ROC Compliance & Annual Filings

  • Preparation and filing of Annual Return (MGT-7 / MGT-7A)

  • Filing of Financial Statements (AOC-4)

  • Board resolution documentation

  • Maintenance of statutory registers

  • Event-based ROC filings

  • Director appointment and resignation filings

  • Share capital alteration filings

Compliance timelines under the Companies Act are monitored through a structured compliance calendar.

C. Event-Based ROC Filings

  • Change in directors

  • Change in registered office

  • Increase in authorized share capital

  • Allotment of shares

  • Charge creation / modification / satisfaction

  • Conversion of company status

  • Amendment of MOA/AOA

Event-based filings are time-sensitive and require accurate documentation to avoid penalties.

D. Corporate Governance Support

  • Board meeting documentation support

  • Shareholder meeting documentation

  • Drafting of resolutions and notices

  • Related party transaction documentation

  • Section 186 compliance monitoring (loans & investments)

  • Beneficial ownership compliance

We assist in building defensible corporate documentation systems.

E. Strike-Off & Closure Support

  • Voluntary strike-off under Companies Act

  • Preparation of closure documentation

  • Filing of relevant forms

  • Regulatory compliance prior to closure

  • Advisory on compliance risks before strike-off


How We Help Your Business

We support businesses by:

  • Ensuring legally sound incorporation

  • Reducing penalty exposure from delayed filings

  • Creating structured statutory documentation

  • Implementing compliance calendars

  • Aligning corporate governance with regulatory expectations

Our approach helps companies avoid technical non-compliance and regulatory scrutiny.


Our Approach / Methodology

  1. Structure assessment and regulatory mapping

  2. Documentation drafting and compliance review

  3. Filing and certification under Companies Act

  4. Implementation of compliance tracking system

  5. Ongoing monitoring and periodic review

  6. Advisory support for structural changes

We focus on creating long-term compliance systems rather than isolated filings.

Why H K Davra & Co.

  • Structured understanding of Companies Act compliance

  • Experience in handling incorporation and ROC matters

  • Governance-oriented documentation approach

  • Compliance calendar-based monitoring

  • Integrated view of tax and corporate law implications

We focus on sustainable corporate compliance aligned with business growth.


Scope of Engagement and Deliverables

Deliverables may include:

  • Incorporation documentation package

  • MOA & AOA drafting

  • ROC filing acknowledgements

  • Annual compliance tracking sheet

  • Board and shareholder resolution drafts

  • Event-based compliance documentation

  • Compliance gap review note

Scope is customized based on business structure and operational scale.


Frequently asked questions


Typically, incorporation may take 7–15 working days, subject to documentation completeness and MCA processing timelines.


Yes, companies must file annual returns and financial statements even if there is no turnover.

Additional fees are levied per day of delay, and prolonged non-compliance may lead to disqualification of directors.

Yes, statutory documentation and minutes must be maintained as per Companies Act requirements.

Yes, subject to authorized capital provisions and ROC filings.

Pending compliance must be addressed before initiating strike-off procedures.