Post-Facto Approvals – A Complete Guide
We assist you in obtaining post-facto approvals required by the RBI, MCA, and other regulatory authorities for changes or actions taken without prior approval, ensuring your business stays legally compliant and avoids penalties.
- Expert Guidance on RBI & MCA Post-Facto Applications
- Timely Filing & Documentation Support
- Minimize Regulatory Risks & Penalties
- Confidential & Transparent Process
- Support Across NBFC, Corporate, and Financial Services
Overview of Post-Facto Approvals
Certain regulatory changes such as management changes, share transfers, or compliance deviations may require retrospective approval from authorities like the RBI or Registrar of Companies (ROC). Filing post-facto approval applications helps rectify non-compliance and regularize your business status.
Our specialists manage the entire process—from preparing detailed applications, compiling supporting documents to liaison with regulators—helping you avoid legal complications and maintain good standing.
Post-facto approvals are essential for regularizing corporate actions—such as management changes, share transfers, and compliance deviations—that occur before obtaining regulatory clearance. Securing these retrospective approvals from authorities like RBI and ROC helps businesses avoid penalties, restore compliance, and maintain good standing. Our consultants expertly manage the entire process: drafting detailed applications, compiling supporting evidence, liaising with regulators, and defending your case if needed. Trust us to help you rectify non-compliance, ensure business continuity, and protect your company’s reputation.
Understand the rules and procedures for seeking post-facto approvals from Indian regulators. Each type of compliance lapse—whether related to management reappointments, delayed form filings, or unauthorized share transfers—has specific mandates and timelines for rectification. Regulators like RBI, ROC, and others require full disclosure of facts, documentary evidence, and in many cases, payment of late fees or compounding fines. We decode master circulars, important case laws, and regulatory notices to ensure your submissions are complete, timely, and defensible during audits or inspections.
Comprehensive documentation is crucial for a successful post-facto approval:
Chronology of events explaining the lapse and corrective steps taken
Detailed application letter addressed to the relevant authority
Board and shareholder resolutions approving the action and ratification
Copies of all original forms, statutory filings, and receipts
Supporting documents (agreements, KYC, declarations)
Evidence of fee payment or penalty, if applicable
Our team will audit all records, prepare required annexures, and package your application for the best chance of regulatory acceptance.
Benefits of Post-Facto Approvals
Legal Regularization
Allows businesses to rectify past actions or changes that occurred without prior approval, ensuring full compliance with regulatory requirements.Avoidance of Penalties and Prosecution
Timely post-facto approvals help in mitigating penalties, monetary fines, or legal prosecution from regulatory authorities like RBI, MCA, or ROC.Maintaining Business Continuity
By regularizing irregularities, companies avoid disruptions in business operations due to regulatory non-compliance or enforcement actions.Improved Regulatory Standing
Demonstrates good faith and commitment to compliance, which builds trust with regulators and facilitates smoother future approvals.Protection of Corporate Governance
Supports transparency and accountability in management and operational changes, strengthening your company’s governance framework.Enhanced Investor Confidence
Ensures that all company actions are legally valid and approved, which reassures investors, partners, and stakeholders.Simplified Compliance Management
Consolidates all past irregularities into formal approvals, simplifying future compliance and audit processes.
