Premlata Purohit and AssociatesLoading…
Pillar 04
Company and Limited Liability Partnership formation, periodic compliance under the Companies Act, 2013 and the Limited Liability Partnership Act, 2008, secretarial audit, and corporate restructuring. Engagements are led by qualified Company Secretaries within the firm working in coordination with Chartered Accountants where the matter has tax or audit implications.
What this pillar covers
The secretarial practice handles the full life of a company: incorporation, day to day compliance, board governance, restructuring, and eventually voluntary closure or strike off. The firm manages the corporate calendar so that statutory deadlines do not become defaults. For listed entities, the practice extends to compliance with the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 and the SEBI (Prohibition of Insider Trading) Regulations, 2015.
Sub services
01
Incorporation of private limited and public limited companies, One Person Companies, Section 8 not-for-profit companies, Producer Companies and Limited Liability Partnerships. End to end engagement covering name reservation through SPICe+ Part A, drafting of Memorandum and Articles of Association, e signatures, filing of SPICe+ Part B with INC 33, INC 34, AGILE PRO, and post incorporation requirements including PAN, TAN, GST registration, professional tax registration and bank account opening.
02
Filing of annual returns and financial statements through Form AOC 4, AOC 4 XBRL, AOC 4 CFS, MGT 7 and MGT 7A. Director related filings in DIR 12 and DIR 11. Significant beneficial owner filings in BEN 1 and BEN 2. MSME 1 and DPT 3 filings within the prescribed timelines. Charges and modifications in CHG 1, CHG 4 and CHG 9. Auditor appointments in ADT 1 and resignations in ADT 3.
03
Annual Director KYC under Rule 12A of the Companies (Appointment and Qualification of Directors) Rules. Application for Director Identification Number through DIR 3. Procurement and renewal of Class 3 Digital Signature Certificates for directors and authorised signatories. Resolution of DIN deactivation issues where applicable.
04
Secretarial audit under Section 204 of the Companies Act read with Rule 9 of the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014, applicable to listed companies, public companies meeting the prescribed thresholds and other prescribed entities. The audit covers compliance with the Companies Act, SEBI regulations, FEMA where applicable, secretarial standards SS 1 and SS 2, and other applicable laws specific to the entity. Reporting in Form MR 3.
05
Drafting of board and committee meeting agendas, notices and minutes in compliance with Secretarial Standards SS 1 and SS 2. Drafting of resolutions including special resolutions where required. Compliance with the quorum, frequency and notice requirements under the Act. Conduct of general meetings, preparation of e voting requisitions where applicable, and post AGM filings.
06
Conversion of a private limited company to a public limited company and vice versa under Sections 13 and 18 of the Companies Act. Conversion of a One Person Company to a private limited or public limited company. Conversion of a Limited Liability Partnership to a private limited company under the Companies Act read with the Limited Liability Partnership Act. Conversion of a partnership firm to a Limited Liability Partnership.
07
Voluntary strike off of a company under Section 248(2) read with the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016, in Form STK 2. Closure of a Limited Liability Partnership under Form 24. Application for revival of a struck off company under Section 252 before the National Company Law Tribunal in association with counsel where required.
08
Drafting of Employee Stock Option Plans for private and listed companies, structured in compliance with the Companies Act and, for listed entities, the SEBI (Share Based Employee Benefits and Sweat Equity) Regulations, 2021. The engagement covers scheme design, valuation under Rule 11UA, board and shareholder approvals, grant agreements, vesting tracking and exercise mechanics.
09
Creation, modification and satisfaction of charges in Forms CHG 1, CHG 4 and CHG 9. Issue of secured and unsecured debentures, including private placement under Section 42. Increases in authorised capital, alteration of share capital, bonus issues, rights issues and buyback under Sections 68 and 69 of the Companies Act.
10
Quarterly and annual compliance with the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015. Compliance with insider trading regulations under SEBI PIT 2015 including code of conduct, structured digital database and trading window closures. Disclosures under Regulations 7, 30 and 31. Coordination with the registrar and share transfer agent and the depositories.
Our approach
For a new entity, the firm coordinates name reservation, document collection, and SPICe+ filing as a single workstream. Post incorporation registrations follow within ten business days.
For every retained company and LLP, a year long compliance calendar is prepared at the start of the financial year. Reminders are issued before each due date.
Where the firm acts as the company secretary in practice, the firm drafts board meeting agendas, circulates notices and prepares minutes within the timelines prescribed by SS 1 and SS 2.
Conversions, restructurings, ESOP design and other specialised matters are scoped separately with their own engagement letter, timeline and deliverables.
Statutory registers under Sections 88, 170 and others are maintained. Minute books are bound and signed in accordance with the Act. Records are retained per the prescribed retention periods.
Frequently asked questions
Incorporation, ongoing compliance, secretarial audit, restructuring or a specific question, the firm is reachable through the office or via the contact form.