Audit Checklist under the Companies Act, 2013 with Consequences of Non-Compliance

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1 Certificate of Incorporation, PAN, TAN, MOA & AOA Sec. 7, Rule 16 of Companies (Incorporation) Rules Company liable for penalties; may be declared invalid/incorporation revoked 2 Maintenance of Registered Office Sec. 12 Fine up to ₹1,000/day of default; Registrar may verify and take action 3 Minimum Number of Directors Sec. 149(1) Fine up to ₹5,000/day; company considered non-compliant 4 DIN & Director KYC Sec. 153 & Rule 12A DIN deactivation; penalties up to ₹5,000 per default 5 Disclosure of Interest (Form MBP-1) Sec. 184(1) Penalty of ₹1,00,000; invalidation of contracts 6 Appointment/Reappointment of Directors Sec. 152, 160, 161, Form DIR-12 Void appointments; penalty up to ₹5,000/day 7 Holding Board Meetings (Minimum 4 for Public Co.) Sec. 173 ₹25,000 per officer; Board resolutions may be invalid 8 AGM conducted annually Sec. 96 ₹1 lakh + ₹5,000/day default for company & officer 9 Filing of Financial Statements (AOC-4) Sec. 137 ₹1,000/day; Max ₹10 lakh (company) & ₹5 lakh (officer) 10 Filing of Annual Return (MGT-7) Sec. 92 ₹50,000 to ₹5 lakh (company) & ₹50,000 to ₹5 lakh (officer) 11 Auditor Appointment (Form ADT-1) Sec. 139 ₹25,000 to ₹5 lakh; audit invalid; director disqualification 12 Maintenance of Statutory Registers Sec. 88, 189, 186 ₹50,000 + ₹1,000/day default 13 Issue/Transfer of Shares (Register, Certificates) Sec. 56, 62 ₹50,000 to ₹5 lakh; invalid share transfer 14 Disclosure of Related Party Transactions Sec. 188 Penalty ₹25 lakh; contracts voidable 15 Approval of Related Party Transactions Sec. 188 read with Rule 15 Board/Shareholder approval needed; penalty ₹5 lakh 16 Loans, Investments, Guarantees Sec. 185, 186 Fine up to ₹25 lakh; imprisonment in some cases 17 Registration of Charges (CHG-1/9) Sec. 77 Charge not valid against liquidator/creditors 18 Satisfaction of Charges (CHG-4) Sec. 82 Penalty ₹5,000/day 19 Filing MSME Form I MCA Notification (Jan 2019) ₹20,000 + ₹1,000/day (Sec. 405) 20 Filing DPT-3 (Return of Deposits) Rule 16A of Companies (Acceptance of Deposits) Rules Penalty ₹5,000 + ₹500/day 21 Beneficial Ownership Declarations (BEN Forms) Sec. 90 & Rules ₹1,000/day; imprisonment for willful non-disclosure 22 CSR Applicability & Compliance Sec. 135 Penalty up to ₹1 crore (company); ₹2 lakh/officer 23 Internal Audit (If Applicable) Sec. 138 Board accountability; audit lapses 24 Audit Trail in Accounting Software MCA Notification (effective FY 2023-24) Penalty as per Sec. 128 & 129 25 Display of Company Details on Website & Letterhead Sec. 12(3)(c) Fine up to ₹1,000/day



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