Online ROC Filing through KNAP Advisory

It is not only our work, but also our mentality, to simplify your company requirements. A well-maintained compliance system can assist your business in avoiding heavy penalties and late fees. Our team will walk you through all of the required compliances since company registration. Contact KNAP Advisory at +91-93119-72982 to know ROC Filing packages.

Package includes

  • Board reports
  • Statutory register update
  • Notice drafting
  • Resolutions drafting
  • Annual Filings (AOC-4, MGT-7)

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ROC Filing of Companies

An Overview- ROC Filing of Companies

Companies formed under the Companies Act 1956 or the Companies Act 2013 are required to submit the MCA eForms to the Registrar of Companies as part of their yearly ROC filings.

According to The Companies Act , 2013, every business must file its audited annual accounts and annual return within 30 and 60 days following the completion of the Annual General Meeting, respectively.

Noncompliance with the regulations may result in penalties and fines for the officers, the company, or the directors. As a result, it is crucial for management of a company to be aware of all mandatory compliances and to comply on time.

Benefit

Benefit of ROC Annual Filing

Financial position:

Filing assists in analysing or determining the company's financial position. i.e., whether the company is operating at a loss or profit.

Proof of the existence of the company:

Regular filings with the ROC provide evidence of the company's continued existence.

Protection against penalty:

Prompt filings will protect the business from any penalties.

Business Image:

The company that complies with the ROC filing procedure is able to improve its business image and portray itself in a positive light.

Consequences of Non/Late ROC Filing on MCA Portal

What happens if the Company doesn't filed up AOC-4 within 30 days of the AGM?

  • Late fee

In the event that a company is unable to submit its financial statements within thirty days of the date on which the AGM was held, an additional fee of ₹ 100 per day would be imposed.

  • Penalty

Every director and the company will be responsible for the following penalties if they fail to file their AOC-4 on time or file it late:

  1. For each day that the filing is late, the company would be charged a fee of ₹ 1,000/-. However, the fine will not exceed ₹ 10,00,000 for each offence, and
  2.  Director penalties range from ₹ 1,00,000/- to ₹ 5,00,000/-, depending on how long the company's directors fail to meet their responsibilities, with an additional penalty of ₹ 1,000/- for each day that the failure persists.

What happens if a company doesn't filed up MGT-7 within sixty days of the annual general meeting?

  •  Late fee

If a company does not submit its annual return within sixty days of the date that the annual general meeting was held, the company will be required to pay an additional fee of ₹ 100 each day.

  • Penalty

Every director and the company will be charged with penalties if they fail to file their MGT-7 on time or file it late:

The company and each of its directors who are in default shall be subject to a penalty of ₹ 50,000/-, and there will be an additional penalty of ₹ 100/- for each day that the failure persists, up to a maximum of ₹ 5,00,000/-.

Effect of Non filing of the Forms AOC-4 and MGT-7 on Company and its Directors?

  • On Company

Any company that hasn't filed its financial statement for the last two financial years will be marked as "inactive." This classification might result in the freezing of the company's bank account. A notice may also be issued by the Registrar to the Company, which would also begin the process to remove the company from the MCA records.

  • On Directors

Directors who have been or are currently serving on the board of a company that has not filed its Annual Return for three consecutive financial years may be disqualified under the Companies Act, 2013 if the company fails to file its Annual Return.

The Director Identification Number (DIN) of a person who has been disqualified as a Director is become inactive, and that individual is unable to be nominated for the position of Director of any company for a period of five years from the date on which they were disqualified.

 ROC Filing E-Forms

Form ADT-1 :- The appointment of the auditor will be carried out with the help of this form.

  • Attachments: It consists of an appointment letter and confirmation letter.
  • Due date: The due date of filing this form is 15 days from the date of AGM conducted.
  • Applicable: It is applicable to private companies, public limited companies, One-person companies, and listed companies.

Form AOC-4 and AOC-4 CFS

AOC-4 is used to submit standalone audited annual accounts, whereas AOC-4CFS is used to submit consolidated audited annual accounts.

  • Attachments: It includes the Board Report together with annexures such as MGT-9, CSR Report, AOC-2, Corporate Governance Report, a Secretarial Audit Report, etc., depending on the structure of the company and financial statements.
  • Due date: This form must be submitted within 30 days of the date of the AGM (180 days from the close of financial year in case of OPC).
  • Applicability: It is applicable for the Private Companies, Public Limited Companies, One Person Companies.

Form MGT-7

MGT-7 must be filed for the filing of annual returns.

  • Attachments: Shareholders Register, Debenture holders Register, Form MGT-8 and Share Transfer details.
  • Due date: The deadline is sixty days from the date of the AGM.
  • Applicability: It is applicable to private, listed, one-person, and public limited companies.

Documents Required for ROC Filing

The following documents and details will be required while completing ROC filings.

  • Audited Financial Statement
  • Notes to Accounts
  • Audit Report
  • Board Report
  • Cost Audit Report (if Any)

 

HELP & FAQs

What is annual return filing?

The annual return is not a financial document, but rather a record of information about your company that appears on the Companies Register and is open to the public. An annual return must be used to update your address and the names and addresses of your directors and shareholders.

What is the due date to furnish form ADT-1?

The ADT-1 form must be submitted within 15 days following the appointment of auditors at the annual general meeting.

What is the due date to furnish form AOC -4 ?

Every Company Within the first thirty days from the date of the annual general meeting, the AOC – 4 must be submitted for filing with ROC.

What is the due date to furnish form MGT-7 ?

Every Company within the first sixty days from the date of the annual general meeting, the MGT - 7 form is needed to be submitted to ROC.

 

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