Company Annual Returns Filing
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What is ROC Annual Filing?
Companies in India are registered with ROC (Registrar of Companies) which mandates in accordance to Companies act, 2013 to fulfill applicable Corporate Compliances, Roc Filing, or Annual Filing of the company irrespective of its operation size or business. ROC Annual filing is governed under section 129/137 of the companies act, 2013.
With the introduction of online annual filing or annual e-filing, it has become convenient for every enterprise to annually file their report with the registrar of companies (ROC).
It requires leading an Annual General Meeting and recording yearly records with ROC. AGM must be held inside a half year from the finish of the money-related year for example 30th September consistently. In the event of new organizations, the first AGM ought to be held inside a year and a half from the date of fuse or 9 months from the end of the monetary year whichever is prior. Organizations Act 2013 commands that your money related year should begin from first April and end on 31st March.
We at Senixa Legal provide all kinds of company law compliance services by professional experts including Private Limited Company Annual Filing & Compliances, One Person Company Annual Filing, XBRL annual filing, Filing Annual Return, etc.
Normally, an organization is needed to document three structures with ROC:
ROC Form MGT 7: which contains details of the shareholding structure, change in directorship, and details of the exchange of offers during the year assuming any. The due date for ROC Form MGT 7 would be 28th November that is 60 days from the finish of AGM.
ROC Form AOC4: which contains details and annexure identifying with Balance Sheet of the Company, Profit and Loss Account, Compliance Certificate, Registered Office Address, Register of Member, Shares and Debentures subtleties, Debt details and data 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.
ROC Form ADT 1: is petitioned for evaluator arrangement. The due date for ROC Form ADT 1 would be fourteenth October i.e inside 15 days from the finish of AGM.
Punishments for Non-consistence in an organization bring documenting back:
Non-documenting of Annual returns involves hefty punishments. These are far beyond ordinary expenses charged by MCA and it is highly unlikely to reduce the punishments.
A significant update on the Filing of yearly returns of defaulting organizations:
MCA has concocted one plan – CFSS 2020 (Companies Fresh Start Scheme 2020) wherein it permits defaulting organizations (which have not documented different gets back with ROC) to record returns with no punishments and late charges. Yes, it is a truly necessary breather and unwinding for organizations which have defaulted, and still needed to complete business. Presently, they can make great of default by recording forthcoming structures with ROC simply by paying Normal Fees and get an invulnerability Certificate. Peruse more about CFSS 2020.
Most recent update on due dates of Annual recording of the organization CFSS 2020:
Prior the Due date for the finish of the plan CFSS 2020 was 30th September 2020, wherein the defaulting organizations which have not recorded different structures with ROC, are permitted to document the equivalent with no late recording expenses or punishments, if they should document the structure CFSS 2020 after the finish of the plan. Presently the MCA has broadened the due date for the finish of the plan “Company Fresh Start Scheme, 2020” (CFSS 2020) till 31st December 2020. That implies all the organizations can document their forthcoming Annual recording structures with ROC till 31st December 2020 with no late recording expenses or punishments.
Yearly return comprises of data and records that incorporate the Balance Sheet of the Company, Profit and Loss Account, Compliance Certificate, Registered Office Address, Register of Member, Shares and Debentures subtleties, Debt details and data about the Management of the Company. The yearly return would likewise uncover the shareholding structure of the Company, changes in Directorship, and subtleties of moves of protections.
Company Annual Filing-Process
FAQs On Company Annual Filing
Is return filing with ROC not the same as an income tax return?
An income tax return is submitted to the Income Tax department whereas ROC returns are filed with the Ministry of Corporate Affairs (MCA) with whom the company is registered. It is mandatory to file the prescribed ROC forms and other returns on annual basis.
I am the sole director of a One Person Company. What are the applicable Annual return forms and their due dates?
Form MGT 7 is used to file an Annual Return. The due date is May 30.
Form AOC 4 is used to file Annual Accounts. The due date is 180 days from the end of the Financial Year(FY).
What are the Annual return forms and their due dates for private limited companies other than One Person Companies?
Form MGT 7 is used to file an Annual Return. The due date is 60 days from the conclusion of the Annual General Meeting(AGM).
Form AOC 4 is used to file Annual Accounts. The due date is 30 days from the end of the Financial Year(FY).
Our firm is registered as a Limited Liability Partnership Firm. What are the annual returns to be filed with MCA and what are their due dates?
For LLPs, the due date of return filing is 60 days from the end of the financial year i.e 31st May of the assessment year. For form 8(Statement of solvency) the due date is 30th October.
What other returns are to be filed with MCA?
Other returns include: *ADT 1 -for the appointment of auditor *CRA 4 -for Cost Audit Report(if applicable) Following events also require filing with MCA:
- Change in name
- Change in the registered office
- Change in board composition(e.g. appointment of a director)
- Alteration of share capital
- For creation/modification/satisfaction of charge
The same plan can be bought as per the requirement. Our experts shall guide you on the compliance requirement.
What are the consequences of not filing the forms?
- If the LLP annual return form is not filed within the due date, then a penalty of Rs.100 per day is applicable until the default continues. There is no limit on the maximum penalty amount and hence the amount increases over time.
- In the case of a company, the penalty amount depends upon the nominal share capital and period of delay.
Do I need to get a digital signature for filing ROC returns?
- LLP form 11 needs to be signed with the digital signature of anyone designated partner.
- In the case of a company, the annual return form has to be signed with the digital signature of the director or the company secretary in practice (as the case may be).
What are the government fees applicable for annual ROC filing?
The fees differ based on your turnover and share capital These fees apply for a turnover of Rs.1 crore.
- AOC 4: Rs. 300
- MGT-7: Rs.400
I need flexibility in the name of my company. Can I provide multiple names?
Yes, you can provide up to 6 names for your company. We will need to file this application separately. Additional charges of Rs. 1000 will apply. These will not be covered in the current package.
I and my partner are both directors and shareholders in our company. We wish to bring in two additional shareholders as well. Is that covered in the package?
In the current package, we cover up to 2 digital signatures for two directors. For two additional shareholders, you need to secure two additional digital signature certificates. We offer digital signature certificate – Click here to purchase a digital signature
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