FAQs

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1. Why is ROC filing important?

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• Filing helps to analyze or determine the financial position of the company. i.e if the company is running in loss or profit.

• Acts as proof Of The Existence Of The Company:

• The government will update the record for the existence of the company based on the filings executed by the company.

• The company which has failed to provide annual filings for a long time is considered as fake, or the name of the company can be struck off by the ROC.

• Companies who fail to file annual filings may be charged with penalties. Hence, timely filings will protect the company from the same.

• Appropriate annual compliance will protect the company from any legal complications.

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2. Which documents are required?

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Checklist For Form ADT - 1

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Details of auditors:

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• Name of the auditor or auditor's firm

• Permanent Account Number (PAN) of the auditor or auditor's firm

• Registration number of auditor’s firm.

• Address of the auditor

• An e-mail ID of the auditor or the auditor’s firm

• Date of Annual General Meeting (AGM)

 

Attachments:

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• CTC of the resolution mentioned on the letterhead of the company.

• The appointment letter of the auditor mentioned on the letterhead of the company

• Consent of the auditor for being appointed. and certificate of eligibility on the letterhead of the firm.

• Due date:

• 15 days from the date of the conclusion of the AGM.

• Checklist For Form AOC-4 (Due Date Within 30 Days Of The AGM):

• Information

• Date of the board of directors’ meeting in which financial statements and boards' report, as well as approved financial statements from auditors,

• Details for principal products or services of the company.

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Attachments:

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• Balance sheet

• Profit & loss account

• Director report

• Report of the Auditor.

• Notice with regard to AGM.

 

Details required for Director Report :

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• Financial summary of the Company

• Dividend

• Reserves

• A brief explanation regarding the company’s function during the year and state of the company’s affairs, and any change of nature of the business.

• If any, material changes that affect the financial position of the company.

• Details of significant orders passed by the regulators or courts or tribunals.

• Details for the adequacy of internal financial controls about financial statements. (Applicable to listed companies).

• Details of the subsidiary company/joint ventures, and associate companies.

• Performance evaluation and economic position of each of the subsidiaries, joint venture companies, and associate companies enclosed in the consolidated financial statement.

• Deposits

• Statutory Auditors

• Auditors’ Report

• Share Capital

• Extract of the annual return

• The details of technology absorption, conservation of energy, and foreign exchange earnings.

• Corporate Social Responsibility (CSR).

• Directors.

• Changes in any directors and key managerial personnel of the company.

• Declaration of an independent director and the reappointment, if any

• Formal annual evaluation

• The total number of meetings by the Board of Directors.

• Audit committee

• Secretarial Audit Report

• Corporate Governance Certificate, Risk management policy

• Directors’ Responsibility Statement

 

The Following particulars are required for notice of AGM:

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• Date of AGM

• Details of the appointment of directors and resignation of directors during the corresponding financial year.

• Name of the proposed auditor/auditor’s Firm.

 

Checklist Of Form MGT-7 (Due Date Within 60days Of AGM)

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Information required:

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• Company PAN

• Primary business activities of the company.

• Particulars of holding, subsidiary, joint venture, and associate company.

• Number of members, promoters, and debenture

 

Attachments:

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• Signed List of shareholders, debenture holders

• An Approval letter for the extension of AGM.

• Copy of MGT- 8 ( the paid-up share capital of 10 crore rupees or more or turnover of 50 crore rupees or more)

 

Following details are required for annual return:

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• Primary business activities of the company.

• Particulars of the holding, subsidiary, and associate companies.

• pattern of shareholding.

• Indebtedness.

• Remuneration of directors and key managerial personnel.

• Penalties/ punishment/ compounding of sentence

 

3. What is the amount of challan which is paid for the form?

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AOC-4, MGT-7 and ADT-1

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For company having share capital

 

Nominal Share Capital             |             Fee applicable 

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Less than 1,00,000                  |              Rupees 200 per document   

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1,00,000 to 4,99,999                |             Rupees 300 per document     

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5,00,000 to 24,99,999              |              Rupees 400 per document 

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25,00,000 to 99,99,999            |             Rupees 500 per document          

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1,00,00,000 or more                 |            Rupees 600 per document 

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For company not having share capital 

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Rupees 200 per document

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Additional fees for AOC-4 and MGT-7A                  

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Sl. No.                         Period of delay                                   Additional fee payable (in Rs.)

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01                               Delay beyond period                           Hundred per day 

                                   provided under Section

                                   92(4) of the Act

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02                              Delay beyond period                            Hundred per day 

                                  provided under Section

                                 137(1) of the Act 

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Additional fees for MGT-7 and ADT-1

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Additional fee Period of delays                               Fee applicable

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Up to 30 days                                                          2 times of normal fees 

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More than 30 days and up to 60 days                     4 times of normal fees 

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More than 60 days and up to 90 days                     6 times of normal fees 

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More than 90 days and up to 180 days                  10 times of normal fees 

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More than 180 days                                                12 times of normal fees 

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4. What is the difference between Form MGT-7 and Form MGT-7A?

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The MCA has issued a separate annual return form for One Person Companies (OPCs) and Small Companies. As per Section 11(1) of the Companies (Management and Administration) Rules, 2014, all companies must file their annual returns vide form MGT-7, while OPCs and small companies must file their annual returns in form MGT-7A.

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Through the Companies (Management and Administration) Amendment Rules, 2021, the MCA introduced the form MGT-7A for OPCs and small companies to file their annual returns from the financial year 2020-21 onwards.

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The e-form MGT-7A is applicable to only One Person Companies (OPCs) and small companies. Other companies established under the Companies Act, 2013 (‘Act’) must file e-form MGT-7 with the Registrar of Companies.Section 2(85) of the Act defines small companies as companies, other than public companies having:

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• A paid-up share capital not exceeding Rs.2 crore or such specified higher amount which shall not be more than Rs.10 crores.

• A turnover not exceeding Rs.20 crore or such a specified higher amount which shall not be more than Rs.100 crore. 

However, the following companies are not considered as small companies:

• A subsidiary or holding company.

• A company registered under section 8.

• A body corporate or company governed by special act.

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