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Compliances Applicable to non-profit companies (section 8 companies)

A section 8 company in India is a non-profit company which aims to promote social welfare and work for the betterment of the society. Although they are non-profit company, much like other companies they are also subject to compliance requirements. Section 8 company is dedicated to social causes. Non-profit company must adhere to specific regulatory in order to run smoothly, through this blog you are supposed to explored compliances that are applicable to non-profit companies along with statutory data, due date and required forms to meet compliances.

Applicable Compliances on Section 8 Company

Triggering Provision Detailed Provision  Statutory Timeline Due Date  Required Form
Section 10 A   Declaration of commencement of business  Within 180 Days from the incorporation date Within 180 Days from the incorporation date NC- 20A
Section 89(6) Intimation of declaration received under Section 89 Within 30 days from the receipt of the declaration by the company Within 30 days from the receipt of the declaration by the company MGT-6
Section 90(4) Intimation of declaration received under Section 90 Within 30 days from the receipt of the declaration by the company Within 30 days from the receipt of the declaration by the company BEN- 2
Rule 12A of Companies (Appointment and Qualification of Directors) Rules 2014  Directors’ KYC by every Individual who holds a DIN Within 6 months from the end of the financial year 30th September DIR – 3 KYC
Section 139 Intimation regarding the appointment of Statutory Auditor  Within 15 days of the appointment of an auditor Within 15 days of the appointment of an auditor  ADT - 1
Section 139(6) Notice to the Registrar for appointment of First Statutory Auditor Appoint within 30 days from the incorporation date Within 30 days from the incorporation date  ADT – 1
Section 140 Intimation regarding the resignation of the Statutory Auditor Within 30 days from the date of the resignation Within 30 days from the date of the resignation ADT – 3
Section 117 Filing of Resolution and agreements as specified in Section 117 (3)  Within 30 days of the passing of the resolution/ entering into agreement Within 30 days of the passing of the resolution/ entering into agreement    MGT – 14
Section 12 Intimation of Change in the Registered Office Within 30 days of the change of the address Within 30 days of the change of the address INC-22
Order dated 22 January, 2019 issued under Section 405  Return in respect of outstanding payments to Micro or Small Enterprise Within 1 month from the conclusion of each half year 31st October (For April-Sep) 30th April (For Oct-Mar) E-Form MSME-1
Rule 5 (8) of IEPF Authority (Accounting, Audit, Transfer and Refund) Rules, 2016 Statement of unclaimed and unpaid amounts as specified in section 125 Within a period of 60 days after the holding of AGM  Within a period of 60 days after the holding of AGM IEPF -2
Rule 16 of Companies (Acceptance of Deposits) Rules, 2014 Return of deposit or particulars of transaction not considered as deposit or both On or before 30th June of every year  30th June DPT-3
Section 137  Filing of annual accounts  30 days from the date of the AGM Within 30 days from the date of the AGM Form AOC-4/ AOC-4 CFS/AOC4 XBRL
Section 92   Filing of annual return To be filed within 60 days from the conclusion of AGM Within 60 days from the date of the AGM E - Form MGT - 7
Section 1843 Disclosure of Interest by Director In the First Board Meeting of the Financial Year AND whenever there is a change in the disclosures already made 1st Board Meeting of the F.Y. AND Whenever there is a change, the disclosures already made MBP-1

 

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