With an intent to bring transparency and increased governance in the operations of companies in every major market around the world, the corporate compliances are witnessing changes at a rapid speed. The exponential growth in the level of compliances, coupled with stringent monitoring by regulatory agencies, are forcing corporates to become more compliant and vigilant in their dealings. Such development exposes both the Company and its Board of Directors to higher regulatory risk if the importance of compliance is not recognized.
At Octagona India, we can not only ensure that your organization is fully compliant with the applicable corporate laws but can also make your organization synergize with the ever-evolving regulatory framework with respect to company secretarial services so that companies stay prepared to take on such challenges head-on.
Our focused & expert Corporate Secretarial Team render a wide array of customized solutions to meet your various needs.
The activities of Company Secretary Services are: -
Every ROC, RBI and share-related compliance your company may need, handled by our corporate secretarial team.
Outsourced company secretary support: board and general meetings, minutes, statutory registers and all annual and event-based ROC filings.
Converting financial statements into XBRL and filing AOC-4 XBRL with the MCA for companies required to file in this format.
Certification of the annual return (MGT-7) by a practising company secretary, for companies above the prescribed thresholds.
Certification of MCA e-forms by a practising professional before they are filed with the Registrar of Companies.
Certificates from a practising company secretary for banks, regulators and group companies, such as compliance and shareholding certificates.
Director KYC filing for every director holding a DIN, so the DIN is not deactivated.
Issuing, renewing and safely managing Class 3 Digital Signature Certificates for directors and authorised signatories.
A compliance health check under the Companies Act, FEMA, tax and labour laws, with a gap report and a prioritised action plan.
Share allotments, rights issues, share transfers and capital restructuring, with the required board and shareholder approvals and ROC filings.
Obtaining an ISIN from NSDL / CDSL so your private company's shares can be dematerialised, as now required for most private companies.
Opening demat accounts for shareholders, including foreign shareholders, and converting physical share certificates into electronic form.
Half-yearly reconciliation of share capital audit report in Form PAS-6 for companies whose shares are in demat form.
Board and shareholder approvals, TDS on dividends and repatriation of dividends to foreign shareholders, including Form 15CA / 15CB.
Moving your registered office within a city, within a state or to another state, including approvals and Form INC-22 filing.
Changing your company name, from name reservation and shareholder approval to the new certificate of incorporation (Form INC-24).
Registration on the RBI FLAIR portal and filing of the annual Foreign Liabilities and Assets return by 15 July.
Obtaining and renewing a Legal Entity Identifier, needed for large-value bank transactions and certain RBI-regulated payments.
Compounding of offences under the Companies Act or FEMA: drafting the application, representing you before the authority and closing the matter.
Need help with any of these services? Talk to our team in India.
The key annual filings are the financial statements (Form AOC-4), the annual return (Form MGT-7 / 7A) and director KYC (DIR-3 KYC). You also need to hold the AGM and at least four board meetings a year (fewer for small companies).
Under the MCA's 2023 amendment, private companies other than small companies must issue securities only in demat form and help shareholders dematerialise existing shares. This needs an ISIN, demat accounts for shareholders and half-yearly PAS-6 filing.
Indian companies that have received foreign direct investment or made overseas direct investment must file the Foreign Liabilities and Assets return with the RBI by 15 July every year.
The director's DIN is deactivated and a late fee of ₹5,000 applies to reactivate it. Until then, the director cannot sign or file forms.
Compounding lets a company settle a past non-compliance under the Companies Act or FEMA by admitting the default and paying a compounding fee, instead of facing prosecution.