Every company registered in India, including private limited, limited company, one person company and section 8 companies must file annual returns with ROC every year. It requires conducting of an Annual General Meeting and filing annual accounts with ROC. AGM must be held within 6 months from the end of the financial year i.e. 30th September every year. In case of new companies, first AGM should be held within 15 months from the date of incorporation or 9 months from the close of financial year whichever is earlier. Companies Act 2013 mandates that your financial year should start from 1st April and end on 31st March.
Annual return consists of information and documents that include the Balance Sheet of the Company, Profit & Loss Account, Compliance Certificate, Registered Office Address, Register of Member, Shares and Debentures details, Debt details and information about the Management of the Company. The annual return would also disclose the shareholding structure of the Company, changes in Directorship and details of transfers of securities.
Here is a list of compliance that you have to comply after the end of the 31st March:
- Prepare and Finalization of Books of Accounts
- Get the Audit from Chartered Accountants of your Company Books of Accounts.
- Prepare the Board Report of the Company
- Send Notice and Other Documents to Shareholder for Annual General Meeting (AGM)
- Filing of AOC-4 (Annual Returns of Company) within 30 days from the AGM
- Filing MGT-7 (Management Returns) within 30 days from the AGM
- File ADT-1 Regarding Appointment of Auditor
Usually, a company is required to file three forms with ROC:
- ROC Form MGT 7: which contains details of shareholding structure, change in directorship and details of the transfer of shares during the year if any.
- ROC Form AOC4: which contains details and annexure relating to Balance Sheet of the Company, Profit & Loss Account, Compliance Certificate, Registered Office Address, Register of Member, Shares and Debentures details, Debt details and information about the Management of the Company.
- ROC Form ADT 1: is filed for auditor appointment. The due date for ROC Form ADT 1 would be 14th October e within 15 daysfrom the conclusion of AGM.
Penalties for Noncompliance in company return filing:
Non-filing of Annual returns entails hefty penalties. These are over and above normal fees charged by MCA and there is no way to reduce the penalties.
IMPORTANT: File of DIR-3 KYC (Director KYC)
Form DIR-3 KYC is required to be filed for all the DIN holder whose DIN is obtained before 31/03/2019. Incase if yet not filed then Penalty is Rs. 5000/- for the same.
(If not filed then DIN Status will be DIN-Deactivated)
You have 4 Compliance .
- ROC Form MGT 7
- ROC Form AOC4
- ROC Form ADT 1
- DIR-3 KYC
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