Companies Act (Secretarial) - MMJC

  • Incorporation of Company
  • Conversion of Entities – LLP/Firm/Company
  • Retainership
  • Secretarial Review
  • Event based Compliances
  • Legal Opinions
  • Annual Compliances including filing and Certifications
  • Transaction Advisory and Services
  • Setting Secretarial System
  • Compounding and Adjudication of offences
  • Prior Approvals of RD/ROC/NCLT
  • Strike off of Companies

1. Corporate Law & Secretarial Services

Incorporation of Company

Starting a business in India involves more than filing a form — it requires the right structure, the right documentation, and the right approach to avoid rework and delays. We assist with end-to-end company incorporation services, including:

  • Selection of appropriate entity structure (Private Limited, Public Limited, Section 8, OPC, etc.)
  • Name reservation (RUN/SPICe+)
  • Drafting of Memorandum and Articles of Association (MOA/AOA)
  • DIN and DSC applications for directors
  • Filing of incorporation forms with the Registrar of Companies (ROC)
  • Post-incorporation compliance kick-off (PAN, TAN, bank account opening support)

2. Conversion of Entities – LLP / Partnership Firm / Company

As businesses grow, the original entity structure it is observed many times, the structure also requires changes for various needs of the businesses. We advise on and execute conversions between business forms, including:

  • LLP to Company conversion
  • Partnership Firm to Company conversion
  • Private Company to Public Company
  • Public Company to Private Company
  • Company to LLP conversion
  • One Person Company (OPC) conversions
  • Change in business structure
  • Regulatory approvals and filings

Our team manages the entire process — regulatory filings, drafting of conversions documents, stakeholder consents, and closure of the erstwhile entity’s compliance obligations — ensuring a smooth transition with no compliance gaps.

3. Retainership Services

For companies that want ongoing, dependable secretarial support MMJC offers retainership arrangements covering:

  • Day-to-day company law advisory
  • Board and shareholder meeting support
  • Compliance monitoring
  • Ongoing governance support
  • Drafting of all the Board and Shareholders meetings documents

Retainership clients get [proactive alerts / dedicated CS / monthly compliance dashboards — customize] to stay ahead of deadlines.

4. Secretarial Review

A Secretarial Review is a health check of your company’s compliance record — identifying gaps before they become penalties or, worse, surface during due diligence or a regulatory inspection. Our review covers:

  • Companies Act compliance
  • Secretarial Standards (SS-1 & SS-2)
  • ROC filings
  • Board and Shareholder records
  • Corporate governance practices
  • Internal compliance systems
  • Board composition and committee compliance
  • Related party transaction documentation
  • Gap analysis with a prioritized remediation plan

This is particularly valuable ahead of fundraising, M&A, or a change in management/promoters.

5. Event Based Compliances

Beyond routine annual filings, certain corporate actions trigger specific, time-bound compliance requirements under the Companies Act. We manage event-based compliances for:

  • Allotment and transfer of shares
  • Change in directors, KMP, or registered office
  • Increase in authorized/paid-up share capital
  • Charge creation, modification, and satisfaction
  • Alteration of MOA/AOA
  • Change in the Name of the Company
  • Buyback, bonus issue, rights issue
  • Closure of branches and business restructuring

Missed or delayed event-based filings are among the most common sources of ROC penalties — we track and file within statutory timelines.

6. Legal Opinions

Where the Companies Act, SEBI regulations, or allied corporate laws are ambiguous or the fact pattern is complex, our team provides written legal opinions to support board decisions, transactions, and regulatory filings.

7. Annual Compliances Including Filing and Certifications

We manage the complete annual compliance calendar for private and public companies, including:

  • Annual Return preparation and filing
  • Financial Statement filing
  • Director KYC compliance
  • DIN-related compliances
  • Statutory certifications

Our approach ensures filings aren’t just done on time, but done accurately — reducing the risk of ROC notices and STK-5/STK-7 strike-off action.

8. Transaction Advisory and Services

Mergers, acquisitions, fundraising, and internal restructuring all carry company law implications that need to be built into the transaction structure from day one. We support:

  • Due diligence from a secretarial and regulatory standpoint
  • Structuring of share transfers, preferential allotments, and private placements
  • Compliance support for mergers, demergers, and slump sales
  • Shareholder agreements
  • Investment documentation
  • Post-transaction regulatory filings

9. Setting Up Secretarial Systems

An effective compliance management system strengthens governance and minimizes regulatory risk we design and implement secretarial systems and SOPs, including:

  • Compliance calendars mapped to entity-specific obligations
  • Documentation and record-keeping frameworks
  • Board and committee meeting protocols
  • Delegation matrices
  • Internal compliance checklists

A well-built system reduces dependency on individual memory and makes compliance survive team transitions.

10. Compounding and Adjudication of Offences

Where a compliance default has already occurred, we assist companies and officers in default in resolving it through the appropriate regulatory route:

  • Filing of compounding applications before the Regional Director (RD) or NCLT
  • Representation in adjudication proceedings before the ROC
  • Preparation of factual submissions and supporting documentation
  • Advisory on penalty exposure and mitigation strategy

Our experience across compounding and adjudication matters helps minimize both the financial and reputational impact of past non-compliance.

11. Prior Approvals of RD / ROC / NCLT

Certain corporate actions require prior regulatory approval before they can be implemented. We prepare and file applications, and represent clients before:

  • Regional Director (RD) — for matters such as conversion of public to private company, shifting of registered office between states
  • Registrar of Companies (ROC) — for compounding, condonation of delay, and other administrative approvals
  • National Company Law Tribunal (NCLT) — for mergers, demergers, capital reduction, and other tribunal-driven processes

We manage the full lifecycle — application drafting, documentation, hearings, and follow-up — so approvals move forward without avoidable delays.

12. Strike Off of Companies

For companies that are no longer operational, a formal strike-off is the cleanest way to close the entity and stop the accumulation of compliance liability. We assist with:

  • Eligibility assessment under Section 248 of the Companies Act
  • Filing of Form STK-2 with requisite attachments
  • Clearing pending compliance and liabilities before application
  • Liaising with the ROC through to final strike-off

Why Companies Choose MMJC for Corporate Secretarial Services

  • 25+ years of dedicated company law and secretarial practice
  • Experienced team handling matters before ROC, RD, and NCLT
  • Proactive compliance tracking rather than reactive fire-fighting
  • Single point of accountability across incorporation, ongoing compliance, and event-driven filings