Corporate Law Advisory And Compliance Services

What is a Corporate Law advisory

Corporate law is the branch of law containing various laws, rules, regulations and practices governing the formation, operation, compliance and liquidation of corporate entities. It is essentially the body of law which regulates the business and conduct of corporate legal entities. In India, a Company and a Limited Liability Partnership have a corporate entity status and the business thereof is regulated by Company laws.

The Company Law in India is under the purview of the Ministry of Corporate Affairs and has delegated the powers to Regional Directorates (RD) and Registrar of Companies (RoC). The Regional Directorates and Registrar of Companies together act as the statutory and administrative executors of corporate law in India.

In the recent past, the Indian corporate law arena has undergone several reforms in line with the global best practices. The enactment of Companies Act, 2013 laid the foundation for increased transparency, objectivity, governance and regulation of corporate entities along with facilitating the ease of doing business in India. The Regulators have stepped up scrutiny and regulation of the corporate sector in order to weed out functionally inactive companies and companies not undertaking periodical compliances.

Coupled with the economic reforms in India, the Regulators had resorted to taking extreme measures including striking off non-compliant companies and disqualification of its Directors. Penalty and consequences for non-compliance have been made stringent.

Annual Compliances

1. Know Your Customer (KYC) of Persons holding Director Identification Number (DIN) in Form DIR 3 KYC
2. Filing of Financial Statements of Company in Form AOC  4/ AOC  4 XBRL/ AOC 4 CFS
3. Annual Return in Form MGT  7
4. Outstanding payments to Micro, Small or Medium Enterprises (MSME) in MSME Form I
5. Annual Return of Deposits (including for amounts which are not deposits) in Form DPT -3
6. Appointment of Cost Auditors, if applicable

Capital Structure

1. Allotment of new shares
2. Transfer of existing shares
3. Invitation to subscribe for shares
4. Issue of shares to the Directors/ employees of the Company
5. Stock split and reverse split
6. Change in Authorised/ Paid-up Capital of the Company

Borrowings, Loans, advances and investments

1. Investment in shares/ other securities
2. Granting loans to other Companies/ entities
3. Borrowings from other companies/ Directors
4. Charges/ encumbrances against assets
5. Change in terms of the Loan taken earlier.
6. Full payment of the amount of loan taken against the property of the Company.

Directors Related Compliances

1. Change in composition of the Board of Directors
2. Appointment of Managing Director (MD)/ Whole Time Director (WTD)
3. Payment of remuneration to MD/ WTD
4. Transactions with Related Parties (Director/ relative(s)/ firm(s) of the Director etc.)
5. Loans to Directors/ Members/ entities where they are partner/ members respectively
6. Loans to Companies under same management
7. Acceptance of deposits from Directors / members of their relatives
8. Opening / closing of bank accounts or change in signatories of Bank account

Board meetings, minutes, secretarial records

1. Convening the Board and General meetings of the Company
2. Submission of Resolution to any other third party/ any authority
3. Maintenance of Minutes of Board meeting
4. Maintenance of minutes of general meetings and its attendance.
5. Agreement entered by the shareholders of the Company where Company is a Party.

Administration, policies and procedures

1. Executing documents under the common seal of the Company
2. Purchase/ Sale of fixed assets of the Company
3. Entering into new business/ Partnership
4. Alteration of Memorandum of Association (MoA) of the Company
5. Alteration of Articles of Association (AoA) of the Company with other company.
6. Shifting the registered office of the Company from one place to other.
7. Appointment or change of the Statutory Auditors of the Company.

Company Audit

Wankhade & Co. specializes in offering company audit services, creating value for your time, money, labor, and business management. Our internal and management audits help companies grow faster and find out the weak areas that need improvements to reduce cost and increase profit margin.

In an efficient IT environment, we create the Risk Management framework to offer you a Risk Based Audit (RBA) that minimizes upcoming risk and maximizes revenues.

Learn More

Statutory Audit
Recent corporate scandals have eroded investor trust to some extent in corporate reporting. To reduce corporate malfeasance and protect investors, Sarbanes-Oxley Act of 2002 (Sarbanes-Oxley) and Revised Clause 49 of Stock Exchange Listing Agreement were promulgated by the regulators in the Unites States and India, respectively. These legislations defined a new system of checks and balances to rebuild investor confidence.