Every company registered under the Companies Act, 2013 or erstwhile Companies Act, 1956, including a Private Limited Company, is required to comply with a number of compliances mandated by the Ministry of Corporate Affairs (MCA). One of these is the ROC (Registrar of Companies) Annual Compliance. This is an obligation that companies need to adhere to every fiscal year in order to maintain their active status in the eyes of public authorities. Neglecting this requirement can lead to serious consequences, including fines, legal repercussions, and potentially, the closure of the business.
The ROC annual compliance is important because it signifies the company's commitment to transparency, good governance, and corporate citizenship constraints. It is essential not only from a legal standpoint but also for preserving the credibility and trustworthiness of the company. Default in compliance can lead to penalties and the striking off of the company name from the ROC. Therefore, it is crucial for companies to ensure that this compliance is not overlooked.
This article should be read by directors, secretaries, managers, and any other individuals responsible for the filing and managing the regulatory compliance of a Private Limited Company.
Also, entrepreneurs who run or are preparing to start a private limited company should read this article to familiarise themselves with the ROC annual compliance process and its necessities.
ROC is an office under the Indian Ministry of Corporate Affairs that deals with the administration of the Companies Act 2013. ROC has been designated under section 609 of the Companies Act and is responsible for the registration of companies and ensuring that such companies comply with statutory requirements under the Act.
'Annual Compliance' refers to the statutory requirements that every Private Limited Company has to adhere to annually, to keep the company in good standing and the company's information updated on the public record.
For ROC annual compliance, several documents are needed. These include the Balance Sheet of the Company, Profit & Loss account, Auditor's Report and notice of the Annual General Meeting. Additional documents like shareholding pattern, registered office proof, details of directors, and details of shareholders also need to be kept ready.
There are several steps involved in ROC annual compliance. First, conduct an Annual General Meeting before the due date. Then, prepare and file the financial statements in Form AOC-4 within 30 days from the date of the meeting. Next, file the annual return in Form MGT-7 within 60 days of the Annual General Meeting. Also, make statutory Auditor’s Appointment through an ADT-1 form.
Every company has to file Form AOC-4 and Form MGT-7 irrespective of whether it has done any operations during the financial year. Non-compliance of ROC Annual return attracts a heavy penalty and the company also becomes a Defaulter Company. Moreover, the Registrar of the Company has the right to strike off defaulter companies.
One of the most common mistakes is missing deadlines. Make sure to file the necessary forms within the specified dates to avoid penalties. Another mistake is to file incorrect information in these forms as it might lead to legal complications in the future. Finally, never ignore the ROC annual compliance as it can lead to serious consequences including the closure of the company.
Question: What is the purpose of ROC annual compliance?
Answer: The purpose of ROC annual compliance is to ensure that a company is operating in accordance with the rules and regulations laid out by the MCA and to maintain the active status of a company.
Question: What happens if ROC annual compliance is not done?
Answer: In case a company does not adhere to ROC annual compliance, it can be subjected to heavy penalties, legal implications, and their name could even be struck off from the Registrar of Companies.
Question: When do we need to conduct ROC annual compliance?
Answer: ROC annual compliance must be carried out every financial year, even if the company has not had any operations in that year.
Fulfilling ROC annual compliance is of utmost significance for every private limited company in India. These are statutory requirements put forth by the Ministry of Corporate Affairs to ensure transparency and corporate governance. Every company, irrespective of their size or scope of work, must adhere to these regulations to avoid any legal hassles and to maintain its credibility.
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