A company is generally referred to as a group of people who contribute money or money’s worth to a common pool of resources and work towards a common objective. The company registered under the Companies Act 2013 acquires the status of an artificial judicial person with a separate legal identity. To identify instances of non-compliance and take corrective measures to safeguard the interest of various stakeholders, Secretarial Compliance & Secretarial Audits have been mandated for a certain class of companies.

The main features, among other things, of a company, registered or incorporated under the Companies Act, 2013 comprise the following:

On registration under the Companies Act, 2013, a company acquires the status of the artificial judicial person identity which is separate from its members and directors. Due to this feature, a member or shareholder can enter into a contract with the company and can also sue the company and be sued by the company. Also, a company can purchase and own property, and bank accounts, enter into contracts, raise loans or incur liabilities. Since the company exists and operates as a separate entity, members of the company are not liable for the debts of the company. Their liability is limited to the extent of the shares that are held by them or by the extent of the guarantee amount. The company is an artificial person established by law perpetuates to exist regardless of the differences in its membership or directors. The company is an artificial entity or a person cannot sign its name by itself.

Thus, it creates the necessity of a common seal that can be used for representing the decisions made on behalf of the company. As per Regulation 24A of the SEBI Regulations (LODR), all listed companies and their asset unlisted subsidiaries are needed to submit a Secretarial Compliance Report to the stock exchanges where the securities of the companies are listed within 60 days after the end of the Financial Year. The secretarial compliance report is limited to the SEBI Act, its regulations, circulars, orders, and guidelines which are a comprehensive set of laws having broad coverage over the capital market.

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The Companies Act prescribes certain compliances which every company incorporated under the Act is required to make. A few of the compliances are: Assignation, stipulation, remuneration, and retirement of directors of the company; Appointment of the statutory auditors of the company; Convening and conducting a meeting of the Board of Directors; Convening and conducting an annual general meeting of the members/shareholders of Preparation and presentation of annual accounts of the company and the regular maintenance of books of accounts; Furnishing annual financial statements with the Registrar of Companies; Maintenance of the books of accounts as per the accrual system of accounting; Intimation to Registrar of Companies on receipt of deposits, loans, etc.
We, at Markwart, have Company Secretaries and other professionals who understand the law related to companies in India, assist in Secretarial Compliance and Secretarial Audit matters, and stay constantly abreast with the regulatory environment in India, and assist our clients in making companies under the Companies Act promptly.
Advice on specific matters identified by the client related to the Companies Act, 2013

Assistance in Incorporation of Company / LLP with the MCA

Advise clients on the practical issues to be considered and official procedures that need to be followed when considering setting up a legal entity

Maintaining statutory records for companies

Preparation of the minutes of the meetings of Directors and Members

Filing of annual and other returns to be filed with the authorities