ROC filing means the filing of audited financial statements, and annual
returns, by the company to the ROC. Under section 129 and 137 of the Companies
Act, 2013, every company should file the audited financial statements with the
ROC. Similarly, under section 92 of the Companies Act, 2013, the annual returns
must be submitted to the ROC.
The above documents should be filed within 30 days and 60 days from the
date of the conclusion of the annual general meeting and Form DPT-3 needs to be
filed by 30th June of every year. You can take annual filing package from us
wherein you need to pay once and all your yearly compliances including
directors’ KYC would be done by us.
Documents required
For
AOC-4
1. Audited financial statements
2. Conclusions from AGM
3. Board resolutions passed during the year
4. Details of auditors
5. Balance
sheet
6. Profit
& loss account
7. Director
report
8. Report
of the Auditor.
For MGT-7
1. Company
PAN
2. Primary
business activities of the company.
3. Particulars
of holding, subsidiary, joint venture, and associate company.
4. Number
of members, promoters, and debenture
5. Copy
of MGT- 8 (the paid-up share capital of 10 crore rupees or more or turnover of
50 crore rupees or more)
Timeline
of service
We shall prepare the documents to be signed by you within 4-5 days of
receipt of documents from your end. Once we receive the signed documents, form
will be prepared within 3-4 days of receipt and will be filed depending on the receipt
of Form with DSC received from your end or immediately if DSC has been prepared
by us.
FAQs
1. Why
is ROC filing important?
• 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.
2. What
is the timeline for filing the forms?
The
due date of Form ADT-1 is 15 days from the date of the conclusion of the AGM
and for Forms AOC-4 and Form MGT-7/MGT-7A is 30 Days from the date of AGM.
3. What
is the number of challan which is paid for the form?
AOC-4, MGT-7 and ADT-1
For company having share capital Nominal Share Capital Fee applicable
Particulars |
Fees applicable |
Less than 1,00,0000 |
Rs. 200 per document |
Rs. 1,00,000 – Rs. 4,99,999 |
Rs. 300 per document |
Rs. 5,00,000- Rs. 24,99,999 |
Rs. 400 per document |
Rs. 25,00,000 – Rs. 99,99,999 |
Rs. 500 per document |
Rs. 1,00,00,000 or more |
Rs. 600 per document |
For company not having share capital:
Rupees 200 per document
Additional fees for AOC-4 and MGT-7A is Rs. 100 per day
Additional fees for MGT-7 and ADT-1
Additional
fee Period of delays |
Fee applicable |
Up to
30 days |
2 times of
normal fees |
More
than 30 days and up to 60 days |
4 times of normal fees |
More
than 60 days and up to 90 days |
6
times of normal fees |
More
than 90 days and up to 180 days |
10
times of normal fees |
More
than 180 days |
12
times of normal fees |
4. What
is the difference between Form MGT-7 and Form MGT-7A?
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.
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.
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:
• 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.