Efficiently Guiding Businesses Through Complex Compliance Landscapes

Incorporating a company is only the beginning of its legal and regulatory journey. From the date of incorporation until its closure, merger, or winding up, a company must comply with several statutory requirements under the Companies Act, 2013 and other applicable laws.

While entrepreneurs are generally familiar with accounting and taxation services provided by Chartered Accountants, the role of a Company Secretary is often less understood. A Company Secretary is not merely responsible for filing forms with the Registrar of Companies (ROC). The profession encompasses corporate law, governance, statutory compliance, corporate documentation, and regulatory advisory.

At Kavita M. Joshi & Associates, we believe that timely and informed compliance is an essential part of building a sustainable business. Our role is to help companies understand their obligations, maintain proper statutory records, complete regulatory filings, and address corporate law requirements as the business evolves.

A company may be a separate legal person, but it can function effectively only when its promoters, directors, and management understand and fulfil their legal responsibilities.

Company secretarial compliance begins immediately after incorporation. Some of the important post-incorporation matters may include:

These are not one-time obligations. The requirements continue throughout the life of the company and may become more complex as the company grows.

A company that overlooks these responsibilities may face additional filing fees, penalties, regulatory notices, difficulties in completing transactions, and avoidable costs in regularising past defaults.

Kavita M. Joshi & Associates provides company secretarial and corporate compliance services to help businesses manage these obligations in a structured and timely manner.

The Ministry of Corporate Affairs (MCA) and the Registrar of Companies have, from time to time, undertaken drives to identify and strike off companies that have failed to comply with statutory requirements or are not carrying on business.

For example, the Government reported that 1,85,350 companies were struck off during the five-year period from FY 2021-22 to FY 2025-26 (up to 16 July 2025), as reported in a parliamentary response. The figures demonstrate the importance of maintaining statutory compliance rather than assuming that an inactive company has no obligations.

Where a company’s name is removed from the Register of Companies under the applicable provisions of the Companies Act, 2013, the company cannot ordinarily continue its business as an active corporate entity. Its status on the MCA portal reflects that it has been struck off.

A struck-off company is not necessarily beyond recovery. In appropriate cases, restoration may be possible through the prescribed legal process. However, restoration can be time-consuming and may involve substantial professional costs and documentation.

The better approach is prevention: maintain compliance before defaults accumulate.

A Practising Company Secretary (PCS) is a qualified Company Secretary who holds a valid Certificate of Practice issued by the Institute of Company Secretaries of India (ICSI) and is authorised to undertake professional practice in accordance with applicable law and regulations.

Unlike an in-house Company Secretary, a PCS works as an independent professional advisor. Businesses can therefore access specialised corporate law and compliance support without necessarily maintaining a full-time in-house department.

At Kavita M. Joshi & Associates, we work with companies, promoters, and businesses requiring practical, responsive, and legally informed support for their corporate and secretarial requirements.

No. The Companies Act, 2013 does not require every company to appoint a whole-time Company Secretary. The requirement depends on the nature of the company and the applicable statutory thresholds.

Under the applicable provisions of the Companies Act, 2013 and the relevant rules, certain companies - including listed companies and prescribed classes of public and private companies meeting the specified paid-up capital threshold - are required to appoint a whole-time Company Secretary. The threshold commonly relevant under the applicable rules is ₹10 crore or more in paid-up share capital, subject to the precise applicability of the law.

However, the absence of a mandatory whole-time Company Secretary does not mean that a company is free from compliance obligations.

Further, even a company that has an in-house Company Secretary may engage a PCS for independent professional advice, specialised certifications, transaction documentation, or assistance with complex corporate law matters.

Kavita M. Joshi & Associates offers flexible, assignment-based and ongoing compliance support depending on the company’s requirements.

Chartered Accountants and Company Secretaries have distinct but complementary professional roles.

In simple terms, a CA primarily helps ensure that the company’s financial and taxation matters are properly managed, while a CS helps ensure that the company’s corporate structure, statutory processes, governance, and legal compliance are properly maintained.

For many businesses, the services of both professionals are important and complementary.

“If you think compliance is costly, try non-compliance.”

Compliance should not be viewed merely as an annual expense. It is part of protecting the company’s legal standing and ensuring that it remains ready for business opportunities, funding, expansion, and transactions.

For example, delayed filing of annual returns and financial statements may attract additional fees of ₹100 per day of delay, as prescribed under the applicable provisions and fee rules. These additional fees are separate from any statutory penalty or other legal consequences that may apply.

For instance, Section 137 deals with the filing of financial statements, while Section 92 deals with annual returns. The applicable penalty provisions must be examined separately based on the nature of the default; a delayed filing fee should not be confused with the penalty provision itself.

At Kavita M. Joshi & Associates, we help companies identify their compliance requirements, monitor statutory obligations, and address pending matters before they become larger problems.

Yes. A Company Secretary can play an important role in helping startups and growing businesses establish the legal and compliance framework required for fundraising and corporate transactions.

At Kavita M. Joshi & Associates, we assist businesses through various stages of their corporate journey, including:

The precise scope of services depends on the transaction, the company’s constitutional documents, the applicable law, and the involvement of other professionals such as lawyers, tax advisors, valuers, or auditors.

Our objective is to help businesses approach corporate transactions with better documentation, clearer processes, and appropriate compliance planning.

Yes. While an LLP is not statutorily required to appoint a Company Secretary, it still has important legal and regulatory obligations.

An LLP must comply with the Limited Liability Partnership Act, 2008 and applicable rules. Depending on its circumstances, these obligations may include:

Failure to comply may result in additional fees, penalties, and other regulatory consequences.

At Kavita M. Joshi & Associates, we provide LLP compliance support to help LLPs maintain their statutory records, complete applicable filings, and manage changes in their structure or agreements.

At Kavita M. Joshi & Associates, we understand that corporate compliance is not merely about completing forms. It is about understanding the business, identifying the applicable legal requirements, and ensuring that documentation and regulatory actions are handled carefully.

Our services are designed to support:

Whether you need support with routine annual compliance, a specific corporate action, or transaction documentation, we aim to provide practical and professional assistance tailored to your requirements.