Annual Filing (AOC-4 And MGT-7) - Applicability & Due date

Annual Filing (AOC-4 And MGT-7) - Applicability & Due date

COMPANIES THAT ARE REQUIRED TO COMPLY ANNUAL FILING:-

Category-I

Every Company registered under Companies Act, 2013 of Companies Act, 1956 is required to file their Financial Statements in e-Form AOC-4 including Directors Report along with other relevant attachments (ANNUAL REPORT) and Annual Return in e-Form MGT-7 within 30 days/60 days respectively from the conclusion of its Annual General Meeting (AGM).

Category-II
Every Company whose name has been published in Strike-Off Public Notice No-ROC-DEL/248/STK-5/2018/2912, dated 18.06.2018 to 31250 Companies, for not doing the Annual Compliance & Fillings.

Category-III
All the Companies whose Director(s) has been disqualified under section 164(2) of Companies Act, 2013 for non-compliance of Annual Filing.

ANNUAL FILING

All companies registered, whether as a, one person company, private limited company, and section 8 company, shall file with MCA annual return and income tax return each year.

Every Company except One Person Company (OPC) is required to conduct its Annual General Meeting (AGM) every year within six months from the end of each financial year commencing from 1st April and ends on 31st March. First AGM shall be held within 18 months of its incorporation or within nine months from the end of the first FY, whichever is earlier, i.e. for newly incorporated companies.

In India, usually, the financial year starts on 1st April and end on 31st March. So a Company’s annual return usually would be due on or before 30th September.
  • Balance Sheet of the Company, Profit & Loss Account
  • Compliance Certificate, Registered Office Address
  • List of shareholders and shareholding structure of the company
  • Details of transfers &/or Transmission of securities
  • Shares and Debentures details
  • Changes in Directorship

NOTE Signing- Annual Return shall be signed by a director and the company secretary, or where there is no company secretary, by a company secretary in practice.
However, in relation to One Person Company and small company, the annual return shall be signed by the company secretary, or where there is no company secretary, by the director of the company.

NOTE- Section-92 of Companies Act, 2013 contains provisions regarding Annual Return.

(1) Every company shall prepare its annual return in Form MGT 7.

(2) The annual return, filed by a listed company or a company having paid-up share capital of ten crore rupees or more or turnover of fifty crore rupees or more, shall be certified by a Company Secretary in practice, and the certificate shall be in Form No. MGT 8.

ANNUAL FILING CHART

AS A PART OF ANNUAL FILING, COMPANIES INCORPORATED UNDER THE COMPANIES ACT 1956 OR COMPANIES ACT 2013, ARE REQUIRED TO FILE THE FOLLOWING E-FORMS WITH THE REGISTRAR OF COMPANIES (ROC):
  • Form AOC-4: For filing the financial statement and other documents
  • Form AOC4– CFS: Form for filing statement containing salient features of consolidated financial statement of a group
  • Form AOC4-XBRL: For filing XBRL document in respect of financial statement and other documents
  • Form MGT-7: Form for filing Annual Return by Companies having a share capital

ANNUAL FILING COMPLIANCE 

For Companies falling under Category-I:-

  • Companies falling under Category-I shall comply with Annual Filing requirements as per the Article given above and Chart given below.

For Companies falling under Category-II:-

Section 164 (2) of Companies Act, 2013 states that a person who is or has been a director of a company which—

(a) has not filed financial statements or annual returns for any continuous period of three financial years; or

(b) has failed to repay the deposits accepted by it or pay interest thereon or to redeem any debentures on the due date or pay the interest due later or pay any dividend declared and such failure to pay or redeem continues for one year or more,

shall not be eligible to be re-appointed as a director of that company or appointed in other company for a period of five years from the date on which the said company fails to do so.

Hence, for removing disqualification of such directors, those companies has to comply with annual filing requirements and follow procedure thereafter to remove the disqualification of their directors.


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