Non-compliance disputes are among the most frequent company law issues, especially under the Companies Act, 2013. In many cases, these disputes arise due to missed statutory deadlines, incomplete disclosures, or procedural lapses that occur during day-to-day corporate operations. Although such defaults may initially appear minor, they can gradually escalate into regulatory action, penalties, or litigation if left unaddressed.

Furthermore, regulatory authorities closely scrutinize compliance-related filings. As a result, even unintentional lapses may attract notices, monetary penalties, and personal liability for directors and officers.

Typical non-compliance issues include:

• Failure to hold Annual General Meetings (AGM) within the prescribed time, thereby violating mandatory governance requirements

• Delayed or incorrect ROC filings, which may trigger penalties and additional compliance burdens

• Inaccurate or incomplete annual returns and financial statements, often leading to regulatory scrutiny and show-cause notices

Therefore, timely and proactive legal advisory becomes essential. By addressing non-compliance at an early stage, companies can regularize defaults, reduce exposure to penalties, and, most importantly, avoid unnecessary legal proceedings. Ultimately, early intervention ensures business continuity while maintaining statutory compliance and corporate credibility.

Pre-litigation advisory is guided by strict statutory provisions, especially:

Section 92 – Annual Return

• Mandatory filing of annual return with ROC

• Contains details of shareholders, directors, and shareholding

• Non-compliance attracts penalties on the company and officers

Section 137 – Financial Statements

• Filing of financial statements with ROC within prescribed timelines

• Applicable after AGM or adjourned AGM

• Failure leads to monetary penalties and continuing fines

👉 Refer to the Companies Act
👉 Visit official MCA Compliance Resources