Introduction
One Person Companies (OPCs), though designed for simplified corporate governance, are still required to adhere to strict filing obligations under the Companies Act, 2013. These filings, made through prescribed electronic forms (eForms), help the Ministry of Corporate Affairs (MCA) monitor compliance, financial transparency, and legal standing of registered companies. Each form has a specific due date and is linked to particular events or statutory requirements. Failure to adhere to these timelines results in penalties, loss of compliance status, and sometimes legal restrictions. Understanding the due dates and associated filing requirements is critical for OPCs to maintain good corporate standing.
Form INC-20A – Declaration for Commencement of Business
This form must be filed by an OPC within 180 days from the date of incorporation. It is a declaration that the company has received its subscribed share capital and has begun operations. Filing this form is mandatory, and business activities cannot legally commence before its submission. Delayed filing may attract penalties and could result in the Registrar striking off the company for non-compliance.
Form ADT-1 – Appointment of Auditor
Although not compulsory for the first auditor, if an OPC chooses to file the appointment with the MCA, it must do so within 15 days of the Board resolution appointing the auditor. For subsequent auditors appointed at the end of a term, Form ADT-1 must be filed within 15 days from the annual general meeting. Since OPCs are exempt from holding AGMs, the timeline is based on board resolution.
Form AOC-4 – Filing of Financial Statements
Form AOC-4 is used to file the audited financial statements of the company. For OPCs, this form must be submitted within 180 days from the end of the financial year, typically by 27th September for a financial year ending 31st March. The form includes the balance sheet, profit and loss account, auditor’s report, and board report, and is essential for public disclosure and regulatory review.
Form MGT-7A – Filing of Annual Return
OPCs must file their annual return using Form MGT-7A, a simplified version of MGT-7, within 60 days from the end of the financial year. Since OPCs are not required to hold an annual general meeting, the due date is calculated from the close of the financial year, making the deadline typically 29th May each year. This return captures key details about the company’s ownership, shareholding, and management.
Form DIR-3 KYC – Director KYC Filing
Every individual holding a Director Identification Number (DIN), including directors of OPCs, must file Form DIR-3 KYC by 30th September of each financial year. This ensures that director details are current in the MCA records. If the KYC is not filed by the due date, the DIN is marked as deactivated, and a late fee is charged for restoration.
Form MSME-1 – Delayed Payment to MSMEs
If an OPC has outstanding payments beyond 45 days to Micro or Small Enterprises, it is required to file Form MSME-1. This form must be filed twice a year: by 30th April for the October–March period and by 31st October for the April–September period. It provides transparency about delays in payments to MSME vendors and helps in regulatory monitoring of payment practices.
Form DPT-3 – Return of Deposits
Even if no deposits have been accepted, OPCs are required to file Form DPT-3 annually to report transactions that are not considered deposits under the Companies Act. The due date for this form is 30th June each year, and it provides data on loans, advances, and other liabilities. Filing this form is critical to show that the company is not violating deposit acceptance rules.
Conclusion
Timely filing of eForms is a statutory obligation that reflects the compliance culture and governance discipline of a One Person Company. Each form has a specific purpose and timeline, ranging from incorporation-related declarations to annual returns and financial disclosures. Failing to meet these timelines not only attracts financial penalties but may also lead to regulatory restrictions or disqualification of the company and its directors. By maintaining a clear calendar and ensuring timely submissions, OPCs can secure their legal standing, avoid unnecessary costs, and project a credible image in the business ecosystem.
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