ROC ANNUAL FILING
Every company registered in India, including private limited, limited company, one person company and section 8 company must file annual returns with ROC every year. It requires conducting of an Annual General Meeting and filing annual accounts with ROC. AGM must be held within 6 months from the end of the financial year i.e. 30th September every year. In case of new companies, first AGM should be held within 18 months from the date of incorporation or 9 months from the close of financial year whichever is earlier. Companies Act 2013 mandates that your financial year should start from 1st April and end on 31st March.
Companies registered in India need to file an annual return in form AOC-4 and MGT-7 with the Registrar of Companies (ROC) and also the Income Tax Return (ITR) after the financial statement is ready for the year ending on 31st March every year.
Usually, a company is required to file four forms with ROC:
Every director of a private limited company has to submit their updated residential address, current mobile number, and email address to the ROC in form DIR-3(KYC). The filing of directors KYC is mandatory for every person who holds a DIN Number, and if not complied, the DIN gets deactivated.
Form MGT 7:
Which contains details of shareholding structure, change in directorship and details of the transfer of shares during the year if any. Due date for ROC Form MGT 7 would be 28th November that is 60 days from the conclusion of AGM.
Which contains details and annexure relating to Balance Sheet of the Company, Profit & Loss Account, Compliance Certificate, Registered Office Address, Register of Member, Shares and Debentures details, Debt details and information about the Management of the Company. The due date for ROC Form AOC 4 would be 29th October i.e. 30 days from the conclusion of the AGM.
Form ADT 1:
Is filed for auditor appointment. The due date for ROC Form ADT 1 would be 14th October i.e within 15 days from the conclusion of AGM.
Non-filing of Annual returns entail hefty penalties. These are over and above normal fees charged by MCA and there is no way to reduce the penalties.
- Secretarial services of preparing board resolution, post AGM
- AOC 4 Filing
- MGT 7 Filing
- ADT 1 Filing
- Director KYC Filing
Documents To Be Submitted
- Copy of MOA & AOA
- Copy of board resolution
- List of shareholders with holdings
- Details of board composition
- Secretarial Audit Report ( IF Any)
- Copy of Financial Statements along Audit Report by Auditor
FAQ (Frequently Asked Questions)
All Companies are under obligation to maintain the annual accounts which should reflect genuine and authentic information/views of its state and affairs. If even the COMPANY does not do any business in the market still it has to comply with the statutory requirement of Annual Return, profit, Balance Sheet and Income Tax Return every year. The fee depends on the capital of the Company.
Every COMPANY needs to file an annual return. The annual return is also available for public inspection once payment of prescribed fees is made to the Registrar.
It is mandatory irrespective of capital or turnover of the Company.
The Annual return can be submitted by any of its directors but it shall be duly signed by both the directors of the COMPANY and by the Manager or Company Secretary. There are certain cases when there is no Manager/ CS in a COMPANY in such situations signature of both the directors is compulsory.