CA K Sanjay BhargavChartered Accountant
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Registered a Pvt Ltd or LLP? Your first-year ROC deadlines (and the penalties nobody tells you about)

CA K Sanjay Bhargav, Chartered Accountant, Bengaluru

Membership No. 250054

Published

Registration is the part everyone sells you. The deadlines that start running the moment your company exists are the part nobody mentions — and by the time you hear about them, the per-day fees have usually been running for a while.

Here is the first-year map, and what each miss actually costs.

The first 180 days

INC-20A — commencement of business (Section 10A): within 180 days of incorporation.

This is the declaration that every subscriber has actually paid for the shares they agreed to take. It applies to share-capital companies incorporated on or after 2 November 2018. Until it is filed, the company cannot legally commence business or borrow.

Miss it and the company is liable to ₹50,000, and every officer in default to ₹1,000 for each day the failure continues, up to ₹1,00,000 — and the Registrar gains grounds to strike the company off the register.

First auditor (Section 139(6)): within 30 days of incorporation.

The Board must appoint the company's first auditor within 30 days. If the Board fails to, the members must do it at an extraordinary general meeting within 90 days.

One recent change worth knowing: Form ADT-1 is now mandatory for the first auditor too, following an MCA amendment effective 14 July 2025, filed within 15 days of the appointment. Previously ADT-1 was not required for the first auditor, and plenty of guidance still online says so — which makes this an easy and current miss.

The housekeeping. The bank account, share certificates and statutory registers — unglamorous, but exactly what later audits and due-diligence checks ask for.

The annual cycle

For a private limited company, each financial year:

  • AOC-4 — financial statements
  • MGT-7 / MGT-7A — annual return
  • DIR-3 KYC — annually, for every director
  • Board meetings and an AGM, with minutes

For an LLP:

  • Form 11 — annual return, by 30 May
  • Form 8 — Statement of Account & Solvency, by 30 October

What it costs to miss

DefaultCost
INC-20A₹50,000 (company) + ₹1,000/day per officer, cap ₹1,00,000 — plus strike-off exposure
AOC-4 / MGT-7 late₹100 per day, per form — no cap
LLP Form 8 / Form 11 late₹100 per day, per form — uncapped
DIR-3 KYC missedDIN deactivated; ₹5,000 to reactivate
3 continuous FYs of non-filingDirector disqualified 5 years (s.164(2)); office vacated (s.167(1))

Two of those deserve emphasis.

The ₹100/day, uncapped. There is no ceiling. A single AOC-4 forgotten for two years is not a small fixed fine — it is a number that has been quietly compounding the whole time. This is the one that turns a ₹3,000 filing into a five-figure problem.

The DIR-3 KYC knock-on. When a director's DIN is deactivated for missed KYC, the MCA portal will not accept any form signed by that director. So your AOC-4 and MGT-7 cannot be filed either — one missed KYC quietly blocks the company's entire compliance, and the per-day fees on those forms keep running while you sort it out.

Dormant is not exempt

The most common misconception: "the company hasn't started trading, so there's nothing to file."

Compliance attaches to the entity's existence, not its turnover. A company with no revenue still owes AOC-4 and MGT-7; its directors still owe DIR-3 KYC. Companies that file nothing are precisely the ones the Registrar strikes off under Section 248 — and a struck-off company can only be restored by an appeal to the NCLT under Section 252, which is time-bound and considerably more expensive than the filings would have been.

If the entity genuinely is dead, a clean closure (strike-off on application in STK-2) is almost always cheaper than letting it drift into default with the directors' disqualification clock running.

If you're already behind

Nothing here gets better with time — the two most damaging items (₹100/day and the three-year disqualification clock) are both functions of how long you wait. The sequence that works: quantify the pending filings and the accumulated fees first, so you know the real number, then decide between regularising and closing.

For the full picture — the annual calendar, penalties, strike-off and revival — see our page on company and LLP compliance after registration.

Frequently asked questions

I incorporated months ago and have done nothing. How bad is it?

It depends on which deadlines have passed. INC-20A default carries ₹50,000 on the company plus ₹1,000 per day on each officer in default (capped at ₹1,00,000), and exposes the company to strike-off. AOC-4/MGT-7 run at ₹100 per day per form with no cap. The first step is quantifying it — it rarely gets cheaper by waiting.

My company has no business activity yet. Do I still have to file?

Yes. Compliance follows the entity's existence, not its turnover. A dormant company with zero revenue still owes its annual filings and its directors still owe DIR-3 KYC — and a company that never files is exactly what gets struck off.

What is INC-20A and why does it matter so much?

It is the declaration under Section 10A that every subscriber has paid for their shares, filed within 180 days of incorporation. Until it is filed, the company cannot legally borrow or commence business — and the Registrar can move to strike it off.

Can missed filings affect me personally as a director?

Yes. Under Section 164(2), if a company fails to file financial statements or annual returns for any three continuous financial years, every director is disqualified for five years and the office is vacated under Section 167(1). It follows the individual, not just the company.

Is an LLP easier?

Lighter, not exempt. An LLP files Form 11 (annual return) by 30 May and Form 8 (Statement of Account & Solvency) by 30 October, and late filing runs at ₹100 per day per form, uncapped — which is why dormant LLPs so often accumulate large fees.

Missed a filing or got an ROC notice?

Send your incorporation date and any notice. The pending filings and late fees are quantified upfront, then brought current — before they grow further.

Related service: Company Incorporation & ROC