Today’s legal world where every company is under obligation to adhere to the basic legal framework, post-incorporation compliance for a company is the most important and basic need in order to avoid monetary as well as non-monetary penalties.
Ignorantia Juris non-excusat” which means ignorance of the law is not an excuse, thus the directors and shareholders after the commencement of the business will have to follow the legal compliance involved post-incorporation of the company.
Contents
- 0.1 Introduction
- 0.2 Post-Incorporation Compliances
- 0.3 CONCLUSION
- 0.4 🏢 Post-Incorporation Compliance for a Company in India (as per Companies Act, 2025)
- 0.5 ✅ Mandatory Post-Incorporation Compliance Checklist
- 0.6 1. 🧾 Obtain PAN & TAN (Immediate)
- 0.7 2. 🏦 Open a Company Bank Account
- 0.8 3. 💰 Deposit of Share Capital
- 0.9 4. 🧾 File Form INC-20A (Declaration of Commencement of Business)
- 0.10 5. 📑 Appointment of Statutory Auditor (Form ADT-1)
- 0.11 6. 📚 Maintain Statutory Registers
- 0.12 7. 📘 Issue Share Certificates
- 0.13 8. 🧑💻 Display Company Details at Registered Office
- 0.14 9. 📈 Accounting Setup
- 0.15 10. 📦 Apply for GST (If Applicable)
- 1 📌 Optional but Recommended
Introduction
Once a company is incorporated, a set of compliance-related formalities must be completed to maintain compliance as per the Companies Act, 2025. Non-compliance would lead to fines and penalties on the Directors and the Company. Hence, it is important for those incorporating a company to be aware of the post-incorporation compliance requirements of a company.
Post-Incorporation Compliances
Post incorporation compliance requirement of a company as per the Companies Act, 2025 are:
· First Board Meeting Within 30 days from the Date of Incorporation
According to the provision of Companies Act 2025 along with the secretarial standard as issued by ICSI, the Company has to conduct its first Board Meeting within 30 days of incorporation of Company. This meeting is conducted for discussing the relevant factors, like a discussion about the certificate of incorporation of Company as issued by ROC, prospective working of the company and other factors which are relevant for the company.
· Disclosure of Director’s Interest and declaration regarding disqualification
According to the Section 184 of Companies Act 2025, the first directors of the company has to disclose their interest to the company in the meeting of the board of directors and board will discuss on the same and intimate to ROC for this if required the company will also maintain the record of the same in the register of the company.
This is the very important compliance because it will help the company to easily identify the related party transaction.
· Appointment of First Auditor
According to Section 139 of Companies act 2025, the Company has to appoint the first auditor of the company who shall hold the office until the first Annual General Meeting of the company. In case the board is not able to appoint the first auditor of the company then the auditor shall be appointed in the extraordinary general meeting of the Company within next 90 days from the date of incorporation of the Company.
· Registered Office
According to section 12 of the Companies act 2025, the Company must have its registered office with 30 days from the date of incorporation.
· Letterhead & Statutory Registers
According to the Companies Act 2025, It is applicable from 1st April, letterheads and other letters also need certain format certain things to be mandatory mentioned are:
- Name of the company
- Address of its registered office
- CIN (corporate identity number) of the company
- Phone numbers
- Fax number, e-mail id,
- Website, if any on all business letters, billheads, notice letter papers and other official publications also.
The Registers must be maintained and updated eventually and should be kept at the Registered Office of the Company.
· Bank Account for the Company
There must be a bank account in the name of the company so that originality of each and every transaction can be maintained for the sake of stakeholders of the company. Following documents are required for the opening of a bank account:
- Certificate of incorporation and Memorandum & Articles of Association.
- Identity proof of all Directors, Authorized Signatories PAN card of Director.
- Registered office address proof of the company.
- Resolution of the Board of Directors to open an account.
- Copy of PAN allotment letter.
· Allotment of Securities
According to the provision of Companies act 2025, the Company must allot the shares to its subscribers within 60 days from the date of incorporation of the company in regard to Memorandum of Association.
· Books of Accounts
According to section 128 of Companies Act 2025, every company shall maintain proper books of accounts which shall represent an accurate and fair view of the state of affairs of the company.
· Issue of Share Certificate
According to section 56 of the Companies Act, 2025, the Company must issue share certificates to all the subscribers of the Company within 60 days from the date of incorporation of the company. The certificate must contain the following:
- Number of share certificate
- Face value of the share
- Number of shares purchased
- Name of the subscriber
- Amount received
- Kind of shares like preference or equity.
. Yearly Compliances
The yearly compliance requirements are:
- Preparation of director’s report
- Holding an annual general meeting
- Statutory audit of accounts
- Filing of an annual return
- Minimum four board meeting with an interval of maximum 120 days between two consecutive board meetings.
. Non- Compliance
If the Company fails to comply with the requirements of the Companies Act, 2025 then the Company and every officer who is in default shall be punishable with fine for the period for which default continues. If there is a delay in any filing, then additional fees will be required to be paid, which keeps on increasing as the time period of non-compliance increases.
CONCLUSION
Today’s legal world where every company is under obligation to adhere to the basic legal framework, post-incorporation compliance for a company is the most important and basic need in order to avoid monetary as well as non-monetary penalties.
🏢 Post-Incorporation Compliance for a Company in India (as per Companies Act, 2025)
After a company is successfully incorporated (whether a Private Limited, Public Limited, One Person Company, or LLP), there are mandatory post-incorporation compliances to follow. These ensure the company is legally operational, financially transparent, and compliant with regulatory authorities.
✅ Mandatory Post-Incorporation Compliance Checklist
Here’s a breakdown of the key compliances every company must fulfill after incorporation:
1. 🧾 Obtain PAN & TAN (Immediate)
- Apply for Permanent Account Number (PAN) and Tax Deduction Account Number (TAN)
- Required for opening bank account, TDS compliance, and tax filings
✅ Done automatically if SPICe+ incorporation process is used.
2. 🏦 Open a Company Bank Account
- Use Certificate of Incorporation, PAN, AoA, MoA, and board resolution to open a current account
- Mandatory for receiving share capital and all business transactions
- Subscribers must deposit the agreed capital into the bank account within 180 days of incorporation
4. 🧾 File Form INC-20A (Declaration of Commencement of Business)
- Due: Within 180 days from the date of incorporation
- Filed with MCA
- Certifies that:
- Share capital is received
- The company is ready to commence business
📌 Penalty for non-filing:
- ₹50,000 for the company
- ₹1,000/day for directors (up to ₹1 lakh)
5. 📑 Appointment of Statutory Auditor (Form ADT-1)
- Appoint first auditor within 30 days of incorporation by the Board of Directors
- File Form ADT-1 with ROC within 15 days of appointment
6. 📚 Maintain Statutory Registers
Maintain these under Companies Act, 2013:
| Register | Section |
|---|---|
| Register of Members | Sec 88 |
| Register of Directors & KMP | Sec 170 |
| Register of Charges | Sec 85 |
| Register of Contracts & Related Party Transactions | Sec 189 |
- Within 2 months of incorporation or allotment
- Share certificate must be stamped and signed by at least 2 directors
8. 🧑💻 Display Company Details at Registered Office
- Name, address, CIN, email, phone number, website (if any)
- Must also be printed on:
- Letterheads
- Invoices
- Notices and bills
9. 📈 Accounting Setup
- Maintain books of account and records as per Section 128
- Can be electronic but must be accessible in India
- Start recording:
- Invoices
- Expenses
- Payroll
- Bank transactions
10. 📦 Apply for GST (If Applicable)
- Mandatory if turnover exceeds threshold (₹40 lakh for goods / ₹20 lakh for services)
- Required if inter-state trade or e-commerce operations
📌 Optional but Recommended
| Task | Reason |
|---|---|
| Register with EPFO & ESIC | If hiring employees |
| Trademark registration | Protect brand and logo |
| MSME/Udyam Registration | Get benefits for small businesses |
| Professional Tax (State-wise) | Mandatory in some states |
| Shops & Establishments Act Registration | For office premises |
🧾 Compliance Timeline Summary (First 180 Days)
| Compliance | Form | Due Date |
|---|---|---|
| Commencement of Business | INC-20A | Within 180 days |
| Auditor Appointment | ADT-1 | Within 30 days |
| Issue of Share Certificates | — | Within 60 days |
| PAN/TAN | — | Immediate (usually done with SPICe+) |
| Bank Account Opening | — | Immediately after incorporation |
| Deposit of Capital | — | Before INC-20A filing |
❗ Consequences of Non-Compliance
| Non-Compliance | Penalty |
|---|---|
| Not filing INC-20A | Up to ₹1 lakh; company liable to be struck off |
| Not appointing auditor | ₹25,000–₹5 lakh |
| Delayed share certificates | ₹1,000/day of default |
| Books of accounts not maintained | Up to ₹5 lakh |
🧠 Pro Tips
- ✅ Maintain a compliance calendar
- ✅ Use a Company Secretary (CS) or CA for filings
- ✅ Keep digital and physical copies of all filings and records
- ✅ Check state-specific laws (e.g., Shops Act, Professional Tax)
Would you like:
- A printable post-incorporation checklist PDF?
- Sample formats for board resolutions, ADT-1, or INC-20A?
- A custom compliance tracker for your specific business type?
Let me know—I’m happy to generate them for you!