Compliance Declaration Form for India

Compliance Declaration Form Template for India

A Compliance Declaration Form is a formal document used in India to declare adherence to various statutory and regulatory requirements. This document serves as a self-declaration by companies confirming their compliance with applicable Indian laws, including but not limited to the Companies Act 2013, labor laws, environmental regulations, and industry-specific requirements. It typically includes detailed declarations about the company's compliance status, any instances of non-compliance, and remedial measures taken, supported by necessary documentation and authenticated by authorized company representatives.

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What is a Compliance Declaration Form?

The Compliance Declaration Form is a fundamental document in the Indian regulatory framework, used by companies to formally assert their compliance with various legal and regulatory requirements. This document became increasingly important following the implementation of the Companies Act 2013 and subsequent regulatory reforms in India. The form is typically required during annual filings, regulatory submissions, participation in government tenders, or when establishing business relationships with major corporations. It encompasses declarations regarding statutory compliance, corporate governance practices, environmental regulations, labor laws, and industry-specific requirements. The Compliance Declaration Form serves as a legal record of a company's compliance status and can be used by regulatory authorities, business partners, or other stakeholders to assess the company's adherence to legal requirements.

What sections should be included in a Compliance Declaration Form?

1. Company Details: Legal name, registration number, registered office address, and corporate identification details of the declaring entity

2. Declaration Authority: Details of the authorized person making the declaration, including name, designation, and authority documentation

3. Compliance Period: Specific time period for which the compliance declaration is being made

4. Statutory Compliance Declarations: Core declarations regarding compliance with fundamental laws including Companies Act, labor laws, and tax regulations

5. Regulatory Compliance Statements: Specific statements regarding adherence to regulatory requirements and maintaining necessary permits/licenses

6. Non-Compliance Disclosure: Declaration of any known non-compliance issues and remediation measures taken

7. Authentication: Signature block, witness details, and company seal requirements

What sections are optional to include in a Compliance Declaration Form?

1. Industry-Specific Compliance: Additional declarations specific to regulated industries like healthcare, financial services, or manufacturing

2. Environmental Compliance: Specific declarations regarding environmental regulations, needed for companies with environmental impact

3. Export Compliance: For companies engaged in international trade, declarations regarding export regulations and FEMA compliance

4. Data Protection Compliance: Specific declarations regarding IT Act and data protection measures, relevant for companies handling sensitive data

5. Related Party Declarations: Declarations regarding related party transactions and compliance, needed for companies with significant related party dealings

What schedules should be included in a Compliance Declaration Form?

1. Schedule A - List of Applicable Laws: Comprehensive list of laws and regulations applicable to the company's operations

2. Schedule B - Compliance Certificates: Copies of key compliance certificates and licenses held by the company

3. Schedule C - Board Resolution: Copy of board resolution authorizing the declaration

4. Appendix 1 - Supporting Documents: List of supporting documents attached to verify compliance claims

5. Appendix 2 - Compliance Report Summary: Summary of internal compliance reports and audits for the declaration period

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Clauses
Relevant Industries

Manufacturing

Information Technology

Financial Services

Healthcare

Retail

Construction

Energy

Telecommunications

Pharmaceuticals

Automotive

Education

Real Estate

Agriculture

Mining

Transportation

Relevant Teams

Legal

Compliance

Corporate Governance

Risk Management

Internal Audit

Corporate Affairs

Regulatory Affairs

Finance

Company Secretarial

Board Secretariat

Relevant Roles

Chief Compliance Officer

Company Secretary

Legal Director

Chief Executive Officer

Chief Financial Officer

Risk Management Officer

Internal Audit Manager

Regulatory Affairs Director

Corporate Governance Head

Managing Director

Board Director

General Counsel

Compliance Manager

Legal Manager

Industries
Companies Act, 2013: Primary legislation governing company operations in India, including corporate governance requirements, board responsibilities, and statutory compliance obligations
Prevention of Corruption Act, 1988: Anti-corruption legislation that companies must declare compliance with, particularly regarding interactions with public officials and anti-bribery measures
Information Technology Act, 2000: Governs electronic transactions and data protection requirements that companies must adhere to in their digital operations
Environment Protection Act, 1986: Framework for environmental protection and compliance requirements for businesses operating in India
Factories Act, 1948: Regulates working conditions in factories and industrial establishments, requiring compliance with safety and labor welfare provisions
Prevention of Money Laundering Act, 2002: Requires compliance with anti-money laundering provisions and reporting requirements
Competition Act, 2002: Governs anti-competitive practices and requires compliance with fair competition principles
Goods and Services Tax (GST) Act, 2017: Mandates compliance with indirect tax regulations and reporting requirements
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013: Requires declaration of compliance with workplace harassment prevention and redressal mechanisms
Foreign Exchange Management Act, 1999: Governs foreign exchange transactions and requires compliance for companies dealing with foreign currency or international trade
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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