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What are the mandatory compliance requirements for an OPC?

Annual Filing Obligations

  • An OPC must file its financial statements every financial year with the Registrar of Companies (RoC).
  • Form AOC-4 is used to file the audited financial statements.
  • Form MGT-7A, a simplified version of the annual return, is mandatory for OPCs.
  • These filings must be done even if there is no significant business activity during the year.
  • Timely submission is essential to avoid penalties and maintain an active compliance status.

Statutory Audit Requirements

  • A statutory audit by a Chartered Accountant is compulsory for an OPC, irrespective of turnover.
  • The auditor is appointed by the board, and their report must accompany financial filings.
  • The audit ensures that the company’s books of accounts and financials reflect a true and fair status.
  • Proper maintenance of accounting records is required throughout the year.
  • The auditor’s report plays a key role in annual compliance and legal accountability.

Board Resolutions and Documentation

  • All significant decisions taken by the sole member must be recorded in writing.
  • Although board meetings are not mandatory with only one director, resolutions must be documented.
  • These written decisions are treated as board resolutions and must be maintained in company records.
  • Any changes in company structure, capital, or directorship must be supported by such internal resolutions.
  • Resolutions form part of the official record and may be referred to during audits or legal reviews.

Income Tax and TDS Compliance

  • OPCs must file income tax returns annually, regardless of profit or loss.
  • If the company makes payments subject to TDS (Tax Deducted at Source), it must deduct and remit the same.
  • TDS returns must be filed quarterly if applicable.
  • Maintenance of tax records and challans is necessary for audit and scrutiny purposes.
  • Non-compliance with tax obligations can lead to financial penalties and legal notices.

Maintenance of Registers and Records

  • OPCs must maintain statutory registers such as the Register of Members and the Register of Directors.
  • Proper books of accounts must be maintained at the registered office.
  • The company must keep records of all financial transactions, invoices, and bank statements.
  • These records are essential for statutory audit and ROC inspections.
  • Failure to maintain such records may result in penalties and the disqualification of directors.

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