📍 Asansol Court, West Bengal · 713301 | 📅 Mon–Sat 9:00–19:00
📞 +91 82406 42015

Corporate Compliance Checklist for Companies in West Bengal — Complete 2026 Guide

Complete corporate compliance checklist for companies in West Bengal covering ROC filings, board meetings, AGM, statutory registers, audit, tax filings, labour law compliance, and penalties.

📞 +91 8240642015

Why Corporate Compliance Matters

Corporate compliance is not optional — it is a legal requirement under the Companies Act, 2013, and various other laws. Non-compliance can result in heavy penalties, disqualification of directors, and even striking off of the company from the ROC register.

For companies operating in Asansol and across West Bengal, compliance involves multiple regulators — MCA (ROC), Income Tax Department, GST authorities, ESI Corporation, EPFO, and state-specific labour departments. Each regulator has specific filing requirements and deadlines.

At Advocate in Asansol, we help companies maintain comprehensive compliance. Our legal team tracks all deadlines, prepares and files returns, and advises on regulatory changes.

Annual ROC Compliance — AOC-4 and MGT-7

Every company must file its financial statements (AOC-4) with the ROC within 30 days of the Annual General Meeting (AGM). The financial statements include the balance sheet, profit and loss account, cash flow statement, and auditor's report.

The annual return (MGT-7) must be filed within 60 days of the AGM. The annual return contains details of the company's registered office, principal business activities, shareholding pattern, directors and KMPs, and meetings held during the year.

For small companies and one-person companies, simplified forms (MGT-7A) are available. Late filing attracts additional fees of Rs. 100 per day, and continuing defaults can lead to serious penalties.

Board Meetings and AGM Requirements

Every company must hold its first Board meeting within 30 days of incorporation. Subsequently, at least four Board meetings must be held every year, with a maximum gap of 120 days between two consecutive meetings. Small companies, OPCs, and startups need at least two Board meetings per year.

The Annual General Meeting (AGM) must be held within six months of the financial year end (by September 30), with a gap of not more than 15 months between two AGMs. The first AGM must be held within nine months of the financial year end.

Proper notices, agendas, and minutes must be prepared for all meetings. Board resolutions must be passed for major decisions including appointment or removal of directors, borrowing, investment, and related party transactions.

Statutory Registers and Records

Every company must maintain several statutory registers including the Register of Members (MGT-1), Register of Directors and KMPs (DIR-6), Register of Loans, Guarantees, and Investments (MBP-2), Register of Charges (CHG-7), and Register of Related Party Transactions (MBP-4).

These registers must be kept at the registered office and updated within prescribed timelines. They must be maintained in physical or electronic form and preserved permanently. Shareholders have the right to inspect these registers.

Non-maintenance of statutory registers can result in penalties of up to Rs. 5,000 per day for the company and every officer in default.

Director Compliance — DIR-8, DIR-3 KYC

Every director must file DIR-3 KYC every year by September 30. This is mandatory for all directors who have been allotted DIN. Non-filing results in deactivation of the DIN, making the director ineligible to hold office in any company.

Directors must file DIR-8 (disclosure of non-disqualification) annually along with the financial statements. Directors must also disclose their interest in other entities through DIR-7 within 30 days of appointment.

Changes in directors — appointment, resignation, or removal — must be filed with the ROC within 30 days using Form DIR-12. Director resignation becomes effective only after filing with the ROC.

Tax Filings — Income Tax and GST

Every company must file its income tax return annually, irrespective of profitability. The due date for tax audit is September 30, and for return filing is October 31 if tax audit applicable, or July 31 for others. Companies must also pay advance tax in quarterly installments.

Companies registered under GST must file monthly or quarterly returns (GSTR-1, GSTR-3B) and annual return (GSTR-9). Late filing attracts interest at 18% per annum and late fees. GST registration must be obtained if turnover exceeds the threshold.

Companies must deduct TDS on specified payments and file TDS returns quarterly. TDS certificates must be issued to deductees. Non-compliance can result in disallowance of expenses and prosecution.

Labour Law Compliance

Companies with employees must comply with various labour laws. Under the EPF Act, establishments with 20+ employees must register with EPFO. Under the ESI Act, establishments with 10+ employees earning up to Rs. 21,000 per month must register with ESIC.

The Payment of Gratuity Act applies to establishments with 10+ employees. The Bonus Act applies to establishments with 20+ employees. State-specific laws like the West Bengal Shops and Establishments Act also apply.

Professional tax registration is mandatory in West Bengal for employers. Annual returns must be filed under various labour laws. Non-compliance can result in prosecution, penalties, and imprisonment.

Frequently Asked Questions

What happens if annual return is not filed?▼

Late filing attracts additional fees of Rs. 100 per day from the due date. Persistent default can lead to the company being struck off, directors being disqualified, and penalty proceedings.

Can board meetings be held virtually?▼

Yes, the Companies Act permits board meetings through video conferencing or other audio-visual means, subject to compliance with prescribed procedures.

What is the penalty for non-maintenance of statutory registers?▼

Penalty can extend up to Rs. 5,000 per day for the company and every officer in default, capped at Rs. 5,00,000 for the company and Rs. 1,00,000 for officers.

When is tax audit mandatory?▼

Tax audit is mandatory if the company's total turnover exceeds Rs. 1 crore (or Rs. 10 crores under certain conditions for presumptive taxation).

What is the due date for DIR-3 KYC?▼

DIR-3 KYC must be filed by every director by September 30 every year. Late filing can lead to DIN deactivation.

Is it mandatory to appoint a company secretary?▼

Companies with paid-up capital of Rs. 5 crores or more must appoint a full-time company secretary. Other companies may engage a company secretary in practice.

What are the compliance requirements for dormant companies?▼

Dormant companies must file a simplified annual return every year and may not need to hold board meetings or AGMs, subject to dormant status approval.

Can a company change its financial year?▼

Yes, a company can change its financial year with Board approval and, where required, ROC approval. The financial year must end on March 31 unless otherwise approved.

Need Legal Assistance in Asansol?

Contact Advocate in Asansol today for expert legal advice. With years of experience at Asansol Court, we provide reliable legal representation for all your matters.

Asansol Court, Asansol, West Bengal - 713301

📞Call Free Consultation 💬WhatsApp
WhatsApp

Free Consultation

With Advocate Anurag Gupta

Confidential · Free · 24hr response

Need Immediate Assistance?

Call Advocate Anurag Gupta now for a free consultation. We are available 24/7.

📞 +91 8240642015