Why compliance is a legal question
Missed filings, informal board decisions and loose shareholder understandings are the facts that later decide disputes. A company that keeps its records in order is harder to attack, and a promoter or director who understands the duties is less likely to be named in a petition.
Areas of advice
- Board and general meetings — notices, quorum, minutes and resolutions, including the minimum number of board meetings in a year and the gap permitted between them.
- Annual filings — financial statements and annual returns with the Registrar of Companies, directors’ KYC and the consequences of default, including additional fees and, for continued default, disqualification of directors under Section 164.
- Director duties and liability — Section 166 duties, disclosure of interest, related-party transactions under Section 188 and the rules.
- Shareholder and investor documents — shareholders’ agreements, share subscription and transfer, articles of association, and alignment between the two.
- Structure and exits — conversion between company and LLP forms, issue and transfer of shares, buy-back and winding-up questions.
- Legal opinions — written opinions for the board, lenders or investors on a defined question.
How it works
Advice can be taken for a single matter or as part of a corporate retainer, with scope, response times and monthly fee agreed in writing. The firm works with the company’s chartered accountant and company secretary where filings and certifications are involved; it is a law practice and does not replace their professional certifications.
Filing dates, fees and thresholds are revised from time to time by notification, and are confirmed against the current rules when a matter is taken up.
Frequently asked questions
Can compliance advice be taken without a retainer?
Yes. A one-time consultation or a written opinion can be arranged for a specific question, such as validity of a resolution or a proposed share transfer.
What happens if filings have been missed for years?
The position depends on the entity, the period of default and the consequences already triggered. A review of the record is the first step; options include regularising the filings and, where necessary, applications to the authorities.
Information only; not advice on a particular company.