What is ROC Filing?
Every company is required to file the Audited financial statement and annual return as per The Companies Act, 2013 within 30 days and 60 days respectively from the conclusion of the Annual General Meeting date. Filing of an Audited financial statement is governed under Sections 129 and 137 of The Companies Act, 2013 read with Rule 12 of the Company (Accounts) Rules, 2014 and annual return is governed under Section 92 of the Companies Act, 2013 read with Rule 11 of the Companies (Management and Administration) Rules, 2014.
The procedure of ROC filing the annual return and Audited financial statement can be easily understood by the following process:
1. Hold a Board Meeting to
- Authorize the auditor for the preparation of financial statements as per Schedule III of the Companies Act, 2013.
- Authorize the Director or Company Secretary for preparation of Board Report and Annual Return as per the Companies Act, 2013.
2. Hold another Board Meeting for approving the draft financial statements, Board Report, and Annual Return by the directors of the company.
3. Conduct the Annual General Meeting of the Company and pass the necessary resolutions. Please note that the financial statements are considered final only when the same is approved by the shareholders at the General Meeting.
File ROC Returns Via Gen CompLaw Software, Get Demo!
Why ROC Filing is Important?
Compliance with the Law: Meeting the ROC filing obligations is essential for businesses to uphold their legal status. Not meeting the deadlines for submitting required documents can result in penalties, fines, or even the dissolution of the company. Adhering to these rules demonstrates a company’s dedication to transparent and accountable business operations.
Equitable Financial Reporting: ROC filing encompasses submitting financial statements like balance sheets, profit and loss accounts, and cash flow statements. These reports offer stakeholders such as investors, creditors, and government bodies an exact overview of the company’s financial performance. Clear financial reporting boosts investor trust and bolsters the company’s standing.
Blocking Legal Effects: Meeting ROC filing requirements shields companies from legal consequences stemming from non-compliance, safeguarding them against potential legal actions and fostering a seamless operational environment.
Availability of Business Financing and Loans: Before extending loans or funding, financial institutions and investors frequently seek access to a company’s financial statements and compliance records. ROC filing allows businesses to demonstrate their financial stability and creditworthiness, thereby enhancing their prospects of securing loans and drawing investments.
Developing Trustworthiness: Consistently submitting financial statements to the ROC exhibits a company’s credibility and dependability. This, in effect, can entice potential clients, customers, and partners, nurturing business growth and facilitating expansion.
Documents Required for ROC Annual Filing
Every company has to attach some documents important while filing the ROC and including:
- Balance-Sheet: Form AOC-4 is to be filed by all companies while ROC filing
- Profit & Loss Account: Form AOC-4 is to be filed while ROC filing by all companies
- Annual Return: MGT 7 and MGT 7A to be filed by companies
- Cost Audit Report: Form CRA 4 to be filed by the companies
ROC Filing Due Date for Company
On the type and size of the company, the last dates for ROC filing vary. For example-
- Private Limited Companies: Limited companies should file their annual returns and financial statements within 30 days of the Annual General Meeting (AGM).
- Public Limited Companies: Public limited companies have a 60-day window from the AGM to file their annual returns and financial statements.
- One-Person Companies (OPCs): One-Person Companies OPCs should file their annual returns and financial statements within 60 days from the AGM.
- Small Companies: Small companies have 90 days from the AGM to finish their ROC filing.
E-Forms are Required to be Filed with ROC
| Name of E-form | Purpose of E-form | Attachments | Due date of filing | Applicability on Company |
|---|---|---|---|---|
| Form ADT-1 | Appointment of Auditor | Appointment Letter, Confirmation Letter from Company | Private Companies, Public Limited Companies, One Person Company | 15 days from the date of the AGM. |
| Form AOC-4 and Form AOC-4 CFS (in case of Consolidated financial statements) | Filing of Annual Accounts | Board Report along with annexures: MGT-9, AOC-2, CSR Report, Corporate Governance Report, Secretarial Audit Report, etc.. as per the nature of Company and financial statements | 60 days from the date of the AGM. | Companies prescribed as per The Companies (Cost Records and Audit Rules), 2014 amended from time to time. |
| Form AOC-4 (XBRL) | Filing of Annual Accounts in XBRL mode | XML document of financials of the Company | 30 days from the date of the AGM | Listed companies in India and their Indian subsidiaries (or) a public company With paid-up capital >= 5 crores (or) With turnover>=100 crores |
| Form MGT-7/MGT-7A | Filing of Annual Return | List of shareholders, debenture holders, Share Transfer, MGT-8 | 30 days from the receipt of the Cost Audit Report | Private Companies, Public Limited Companies, Listed Companies, One Person Company |
| Form CRA-4 | Filing of Cost Audit Report | XML document of Cost Audit report | 30 days from the date of the concerned Board Meeting | Private Company, Public Limited Companies, Listed Companies, One Person Company |
| Form MGT-14 | Filing of resolutions with MCA regarding approval of Board Report and Annual Accounts | A certified true copy of the resolution. | 30 days from the date of concerned Board Meeting | Public Companies and Listed Companies (Exempted for private companies) |
ROC E-filing Process on MCA (www.mca.gov.in)
1. Download the forms as per the above table (i.e. AOC-4 and MGT-7) from the MCA website under :
- MCA services menu ⏩ Company E-filing ⏩ Company Forms Download.
2. Fill out the appropriate E-forms applicable to your company and attach the pdf or XML documents as per the requirement of the form ⏩ Press Check form ⏩ Attach the Digital Signature of the Director and Practicing professional (if applicable; exempted for OPC and small companies) ⏩ Now do pre-scrutiny.
3. Get yourself registered on the MCA portal as a Business User or registered user. After getting registered on the portal, log in with your ID and password.
4. After login go to upload E-forms ⏩ Browse the filled and signed form from your system’s location.
5. After uploading the form, the system will automatically generate a Service Request Number(SRN) and the option to go to the payment window.
You have two options:
- Pay Later and save the challan generated and pay within the due time
- Pay using internet banking or debit/credit card facility simultaneously and save the payment challan for future reference.
6. After doing this complete process, you can track the transaction status of your form through SRN under the MCA services menu. What you need to do is just put the SRN generated in the challan and you will be able to know whether your form is approved or pending approval.
ROC Filing Method
The procedure of ROC filing concerns distinct essential steps:
- Compiling Records: Companies are obligated to gather all pertinent documents, including financial statements, balance sheets, profit and loss accounts, and compliance records.
- Verifying and establishing Up Accounts: The financial records need meticulous examination and validation to guarantee precision and adherence to accounting regulations.
- Filing Particular Forms: Businesses are required to complete particular forms assigned by the Registrar of Companies, which encompass details regarding the company’s activities, financials, and adherence status.
- Upload Required Documents: The completed forms and financial documents should be uploaded on the portal of MCA (Ministry of Corporate Affairs).
- Fee Payment: Companies need to pay the set filing fees including document submission.
- Verification and Certification: A practicing professional such as a Chartered Accountant or Company Secretary verifies and certifies the submitted documents.
- Submit to ROC/MCA: Via the MCA portal the verified and certified documents get submitted.
Difficulties with ROC Filing
Even though ROC filing holds immense importance, companies frequently face several challenges, including:
- Being Aware of Complexity: The intricate legal and financial terminology often confuses business proprietors, resulting in filing mistakes.
- Missing Due Date: Internal mismanagement or unawareness can cause companies to overlook filing deadlines.
- Error in Data: Presenting inaccurate information in filings can invite legal consequences and damage the company’s image.
- Penalties linked with Non-Compliance: Disregarding ROC filing regulations can lead to substantial penalties, impacting the company’s financial stability.
General Points to be Kept in Mind While Doing the Annual ROC Filing
- The notice of the Board Meeting should be sent to all the directors before 7 days and acknowledgement for the same should be taken.
- As per Section 134 of the Companies Act, 2013 the financial statement, including consolidated financial statement, if any, shall be signed on behalf of the Board at least by the chairperson of the company where he is authorized by the Board or by two directors out of which one shall be the managing director and the Chief Executive Officer if he is a director in the company, the Chief Financial Officer and the company secretary of the company, wherever they are appointed, or in the case of a One Person Company, only by one director.
- As per Section 101 of the Companies Act, 2013, a clear 21 days notice for the general meeting shall be given to all the members, legal representatives of any deceased person, auditor, and every director of the company by physical or electronic mode. The notice should also contain the location map of the venue of the general meeting as per Secretarial Standards and should be placed on the website if any.
- The company shall prepare its books of accounts and keep them at its registered office. If the company chooses to place at any other place, then the company will have to file AOC-5 by passing a board resolution.
- While uploading the forms, care should be taken that the form is the latest version as provided on the MCA.
Conclusion: From the above, we can conclude that all the Companies registered under the Act will have to file their Audited financial statement and annual return as per the provisions of the Companies Act, 2013 through the MCA portal within the prescribed time period.
ROC Filing FAQs
Q.1 What is ROC Filing, and why is it mandatory for my company?
ROC filing entails the submission of necessary paperwork and financial declarations to the Registrar of Companies. It is a compulsory obligation for every company that is registered under the Companies Act to adhere to regulatory obligations. By completing ROC filing, businesses ensure adherence to legal requirements, promote transparency, and establish accountability.
Q.2 Which documents are necessary for ROC filing?
Typically, financial declarations such as balance sheets, profit and loss accounts, compliance records, and specific forms prescribed by the Registrar of Companies are required for ROC filing.
Q.3 What are the deadlines for ROC filing?
The deadlines for ROC filing differ based on the company’s type and size. Private limited companies have 30 days, public limited companies have 60 days, one-person companies have 60 days, and small companies have 90 days to complete their ROC filing from the Annual General Meeting (AGM).
Q.4 What are the consequences of missing the ROC filing deadline?
Failure to meet the ROC filing deadline can result in penalties, fines, or even potential dissolution of the company. Adhering to the prescribed due dates is crucial to avoid any legal repercussions.
Q.5 What advantages does ROC filing provide to my business?
Many benefits can be availed through ROC Filing including:
- Ensuring Legal Compliance: It guarantees that your business follows the regulations outlined in the Companies Act
- Transparent Financial Reporting: It provides stakeholders with accurate financial information, fostering trust and credibility
- Access to Business Loans and Funding: By demonstrating financial stability, it attracts potential investors and facilitates obtaining business loans
- Building Credibility: It instills trust among clients, customers, and partners, contributing to business growth
Q.6 Can I file ROC documents, or does it require professional assistance?
Yes, you can file ROC documents independently, approaching a professional like a Chartered Accountant or Company Secretary, will ensure accuracy and compliance with accounting laws.
Q.7 What are the issues often faced while ROC filing?
- Lack of Understanding: Complex legal and financial terminology may lead to errors during filing
- Missing Deadlines: Internal mismanagement or lack of awareness can cause companies to overlook filing deadlines
- Incorrect Information: Furnishing inaccurate information can result in legal consequences
- Non-Compliance Charges: Failure to comply with ROC filing regulations can incur substantial penalties
Q.8 How frequently is it required to file ROC documents?
ROC documents, including annual returns and financial statements, must be filed on an annual basis according to the specified deadlines based on your company’s type.
Q.9 Can the ROC filing process be done through online mode?
Indeed, it is possible to file ROC documents online through the Ministry of Corporate Affairs (MCA) portal.
Q.10 Is ROC filing obligatory for companies of all types?
Yes, ROC filing is a mandatory requirement for all companies registered under the Companies Act, irrespective of their size or type.
Q.11 How to process a hassle-free ROC filing for my business?
To ensure a seamless ROC filing process, consider the following steps:
- Begin preparations well in advance and gather all the necessary documents
- Engage with the services of professionals to ensure accurate and timely filings
- Regularly update your financial records to facilitate a smooth filing process
Q.12 Does ROC filing differ across industries?
ROC filing requirements generally follow a standardized approach for companies registered under the Companies Act, irrespective of the industry. However, specific industries may have additional compliance obligations based on their operational characteristics.
Q.13 Can I correct or revise ROC filings if errors are discovered?
If errors are identified, you can rectify or revise your ROC filings by applying for rectification to the Registrar of Companies. However, it is advisable to conduct thorough document verification before filing to prevent errors.
Q.14 How to monitor the status of my ROC filing?
You can monitor the progress of your ROC filing by accessing the MCA portal and monitoring the concerned section for updates and notifications.
Q.15 Is ROC filing suitable for startups and small businesses?
ROC filing is relevant for startups and small businesses, similar to any other registered entity. It plays a critical role in ensuring that these businesses comply with the law and maintain transparency in their financial operations. Regardless of their size, all companies need to fulfill their ROC filing obligations to stay legally compliant and maintain financial transparency.
Dear Team
My person who is handling Roc matter is out of country i need your help i have knowledge of all forms which is prepared by me but when i login under v3 it takes me my workspace i do not have that detail how to file returns advise
one of my client company’s share capital i.e authorized & paid-up capital was increased after 31.03.2020 than which amount should mention in form MGT- 7?
and calculation turnover and net worth mention in the CSR column and other columns. It’s any different?
How do I revise ROC annual return?
Hi,
I did not file any annual returns since 2018. What are the procedure and fees/penalty for filling the same?
Step 1 – you have to appoint auditor first (within 18 months from the date of Incorporation)
Step 2- Then complete the audited balance sheet, P&L
step 3- download the ADT 1 For auditor appointment and fill it submitted into MCA portal
Step 4- Download MGT 7 annual return AOC 4 fill and submit into MCA portal with the late penalty
Hello Sir,
I want to know that which ROC form in Annual Filling (MGT – 7 or AOC 4) is compulsory to signed by CA or CS or Only Director can do the Signature and Submit the Form in ROC. Also please help me that if it depends on the Authorised and Paid-up Capital of the Company.
In the case of Small Company and One Person Company, there is no requirement of a professional signature.
Sir, what is fees for filing AOC form. If the delay is of two months.
Please suggest sir.
Thanks
Dear Sir/ Madam,
A company is registered as a private limited company. CA has not disclosed about TDs process of the private limited company. Both the directors went out of state after it got registered. CA after that not contacted them and told them about ITR filing and ROC filing. After 1.5 year when both directors came back and asked CA about the company. He replied wired and said you people have to pay heavy penalties. My question is when Company did not have any bank account, GST and any kind of business. Then company. become liable for penalties and all. Company is registered on 31/08/2018. So Please Guide
If u want to continue the company you have to pay all the penalties. or else you can close the company without any filings
Hi,
I recently registered LLP in July 2019, Is this mandatory to file ROC returns? As I haven’t done any business yet.
Please advise
No, you are not required to file ROC returns for the F.Y. 2018-19.
Hi madam
I hold a one person company that has been opened in 2017 June and there are no transactions, business, clients, IT returns, ROC. Could you please let me know how to close this company? Would I be able to opt Fast track exit mode for closing/ striking this company? Could you please suggest
Thanks
Yes, you can opt the option of striking off the name from the register of companies under section 248 of companies act 2013. Make an application in form STK-2 with required attachments to ROC.
Dear Mam,
Statutory auditor resigns in 24.04.19. what steps to be followed for file ADT-1
please advice
New Auditors has to be appointed in case of such casual vacancy due to the resignation of already appointed Auditor, through passing a resolution in Extraordinary general meeting and for such appointment E-form ADT-1 should be filed.
Our is Dormant Company and filing Form MSC-3 with ROC annually in the month of April of every year. Do we still need to file Form AOC-4 and MGT-7 with ROC even if we are filing Audited Financial Position in Form MSC-3 every year with ROC?
A dormant company does not need to file E-form AOC-4 and MGT-7.
Where to put AOC-2 details in ROC software, while filing annual filing forms? I want to get the AOC-2 attachment and also to get details in AOC-4 form, but don’t know how to get it.
Go to “Directors Report section” at home page where you can find form “AOC-2”.
Hi Mam,
I have incorporated a company on December 2017, I would like to know what will be first closing FY and what would be my first AGM date and how annual filing will be done.
Hello Sir,
As per our understanding first AGM date for your company is 30/12/2018 but bs signed date not more than 30/09/2018.
First financial year will be 2017-18 and AGM can be held by 31st Dec. 2018. E-form AOC-4 and MGT-7 shall be filed for Financial Statement and Annual Return respectively.
I have filed form DIR-12 for appointment of additional director on 8/9/18, now what other procedure to be done after that for appointment
You need to regularize the additional director in next AGM.
Hi Sir,
As per my understanding you need to regularize additional director as director in upcoming EGM or AGM.
Dear Madam,
Thank you very much for such a valuable post. You work is remarkable and I thank you for helping others with your knowledge.
I have registered a company on 30/04/2016. Last year my return for FY 2016-17 was filled by Auditor and he appointed himself for 5 years. Now for the year 2017-18, I want to change the auditor. Which for do I need fill for Annual return. Last AGM 19.8.17. There were 2 shareholders of the company apart from Director 50% each share of Rs. 50000 each.
Now 1 shareholder has also changed and given his share to one of the directors. Please let me know what forms to file in ROC
for removal of the auditor before the expiry of the tenure, an application for removal of Auditor must be made to the Central Government in Form ADT-2, within 30 days of the passing of a special resolution by Board of Directors for removal of the Auditor. On approval, the company is required to hold General Meeting within 60 days of the receipt of approval of the Central Government for passing the special resolution.
The documents that must be filed with ADT-2 for removal of Auditor of a company.
Nice information. Thanks for sharing. My question is, our company name is, Matiaa Infotech Pvt Ltd, incorporated 03/02/2016. We didn’t do ROC Annual return as well as IT Return. There is no transaction also. Could you please guide me how much it will take for ROC and IT with pending? Is that possible to return only for current year without doing pending years ? I can see, you are referring mca website http://www.mca.gov.in/mcafoportal/enquireFeePreLogin.do for calculate pending dues, but I’m not able understand this. Awaiting for your response.
Thanks,
Basanta
You cannot file current year ROC return without filing returns for the previous years. Refer to the article for calculation of pending dues.
IT returns cannot be filed for previous years.
Hi
I have registered a Pvt. Ltd company in 2013, and the company didn’t do any business but we were advised to submit the return, ideally, we wanted the company to have a dormant status.
Since we have submitted return till last year, can we turn the company status to dormant without filling any return this year? This year also we haven’t done any business.
Please advice.
An Inactive Company can get the status of Dormant, here Inactive Company” means a company which,
– has not been Carrying on Any Business or operation, or
– has not made any Significant Accounting Transaction During The Last Two Financial Years, or
– has not filed Financial Statements and Annual Returns during the LAST TWO FINANCIAL YEARS.
To get the status of dormant company, an application E-form MSC-1 need to be submitted with ROC.
Until you have the company incorporated under company law then you have to continue with roc filing irrespective of status being dormant.
We have a private limited company that has been established in Feb 2014. Till now no filing is done with respect to roc or income tax. And moreover, the company has not made any business till Jan 2018. So received a letter from ROC saying that the company has not done any kind of business and not filed any returns So they are going to dissolve the company. kindly let me know what needs to be done.
As the company has been striked off so first, you have to make an application with NCLT to get your company to revive, then complete the due filing with directors who is not disqualified under section 164 of the companies act 2013.
For a company that was struck off and restored, they are in the process of filing the returns and financials for the earlier years. The earlier years start from 2010.
The question now is
1. Should we file the returns in the old forms 20 B etc till 2013 and
2. start using the new set of forms MGT 7 etc
3. while we can get form mgt 7 quite easily from the web where can one find the old set of forms?
Thanks
1) Yes you have to file on old forms
2) New set of forms from FY 2014-15
3) You can find them on http://www.mca.gov.in
What is the fee for the annual filing of ROC documents balance sheet, Profit & Loss, compliance and auditors report in case of practising CS
E-form AOC-4 and E-form MGT-7 are the annual filing forms and the fee for the filing of such forms depends on the capital of the company which is as mentioned below :
(in rs.)
Hello Ma’am, My Company is Incorporated on 26.09.16, So the due date of AGM According to me should be 31.12.17. Can you please tell me what compliance I need to follow in terms of Auditors Appointment? What are the due dates for filing first auditors appointment?
The first auditor of a company shall be appointed by the Board of Directors within thirty days from the date of registration of the company and in the case of failure of the Board to appoint such auditor, Board shall inform the members of the company, who shall within ninety days at an extraordinary general meeting appoint such auditor and such auditor shall hold office till the conclusion of the first annual general meeting.
If a company, file the return up to 31.03.2013, and a company is gone to Strike off, what will do?
Yes, agree. she is doing.
Madam, you are doing a very good job of giving the guiding light for the needy in dark. You deserve appreciation.
Is it required to file adt-1 for every financial year or for 5 years.
In case of appointment or reappointment of auditor E-form ADT-1 need to be filed, but for ratification members, approval is required only.
We have to file mgt7 and aoc4 for 2015-16 on 5th July 2017. How much panelty we have to pay and are we within limits of 180-270 days if we file now.
Additional late fee amount on MGT-7 and AOC-4 shall be calculated from the day after the original due date of the respective forms i.e. Additional fee shall be calculated For E-form MGT-7 – After 60 days from the date of AGM and for E-form AOC-4 – After 30 days from the date of AGM. Further you can find the Additional fee which you have to pay on filing such forms for FY 2015-16 from below given link: http://www.mca.gov.in/mcafoportal/enquireFeePreLogin.do
Hi Urvashi,
We are private limited company owned by two foreign shareholders, just incorporated end of May 2017, I need to know whether Board meeting can be conducted outside India. Two directors of the company are also foreigners and one Indian director unable to attend the meeting. What need to be filed with ROC regarding the first board meeting and within which day we need to file board meeting proceeding with ROC.
A Board Meeting can be held any where in India or outside India. To transact a business quorum should be present. Need of filing with ROC regarding first board meeting depends on the nature of business’ transacted at the board meeting so for this purpose consult with a Practicing Company Secretary.
Hi Rupesh,
BM can be held in India or abroad. Two foreign directors can hold board meeting in abroad. However, Every Director is required to attend atleast one BM in a year. Thus, at the same time Indian Director will also require to attend atleast one board meeting in a year. This can be held whenever, either of non resident director visit in india in a year or if there is no travel plan of non resident director in india, The Board Meeting can also be held through Video Conference. As per the Secretarial Standards, Video of BM held through VC shall be recorded and saved as a proof.
i filed form AOC-4 and MGT-7 for financial year 2014-15 on 10/12/2015. And due to some or the other reason mgt-7 was accepted bt not aoc-4 and it went un-noticed as well. Now I am trying to file AOC-4, while practising it is given an error that financial year should not lap with financial year 2014-15 for which form mgt-7 has been filed. whereas i am filling the details for f.y. 2014-15 only. please help me through this.
This is a technical issue on the part of department. Kindly contact MCA and raise a complaint for your issue.
Filed form AOC-4 and MGT-7 for the financial year 2014-15 on 10/12/2015. And due to some or the other reason mgt-7 was accepted bt not aoc-4 and it went unnoticed as well. Now I am trying to file AOC-4 while practising it is given an error that financial year should not lap with the financial year 2014-15 for which form mgt-7 has been filed. whereas I am filling the details for f.y. 2014-15 only. please help me through this.
Raise a ticket on MCA portal.
Dear Urvashi,
I registered my company on July 2014 and there was no transaction till date and we didn’t file any of annual ROC e-filing and our share capital 100000 i want to file this year for 2014-15 & 2015 -16 what is the procedure, which form I have to file and fees also how much Penalty i have to pay & what are the legal consequences on late filing and whether we have to appoint Auditor but for appointment Board meeting is necessary. Looking forward for your valuable reply.
You need to conduct an AGM for both the financial years and file Form AOC-4 and MGT-7 regarding the annual filing process. You can check the fees and penalty by going through http://www.mca.gov.in/mcafoportal/enquireFeePreLogin.do. You have to appoint the Auditor within 30 days of the incorporation of company. You can simply call a board meeting and appoint him for first financial year (2014-15). You have to appoint the auditor again at the first AGM for 5 years and need to file ADT-1 for the same.
our company registered and incorporated in Feb 2013 but till today didn’t file any ROC. Got notice from MCA for not filing ROC and removal of name from ROC. Kindly let me know the forms to be submitted while filing ROC in my case and fees and penalty. Its a Private limited company with two directors. Company share capital 100000
You need to reply to ROC for non-filing of the same within 30 days of the notice. Regarding the forms you need to file Form AOC-4, MGT-7 and ADT-1 with late filing fees. Consult a professional for proper guidance in order to avoid further non-compliance.
Hello mam,
i registered the company on 14/11/2013, still no any business started by me even no annual filing made by me, kindly guide me what is the process of filling and suggest nature of form required as well as fee and fine which will be paid on regularization.
You need to file annual compliance form i.e. AOC-4, MGT-7, ADT-1 for each financial year. The process has been described in the above article and please read http://blog.saginfotech.com/due-dates-filing-roc-annual-return for ascertaining the penalty on your company.
We have a company with name i3 infolab India pvt ltd with Authorized Capital: 100000
It was incorporated in 14th March 2014. Till date we have not done any ROC filing. Please advise regarding fee and penalty charges for till date.
You need to file your financials for 2014-15 and 2015-16. The normal filing fees for your company is Rs. 300 and penalty will be calculated on the basis of delay of filing the same. You need to file Form AOC-4, MGT-7 and ADT-1. You can calculate the amount of penalty from the chart mentioned in the above article.
Hi Urvashi,
I am dealing with a company where the auditor has signed the financial statements but has not filed any form with ROC since F.Y. 2010-11 and he has deceased last year so while filing 23AC details of the auditor (his membership no.) shows invalid i.e. it has been deactivated by ICAI as he has submitted death certificate…..please guide me with a solution…..
Please contact MCA for the same.
Ours is a small family concern PVT Ltd company having paid up capital of Rs 5 Lacs. Our Ca has filed the IT returns with Tax audit for the year 31 march 2015 and 31 march 2016 but has not given us signed copies of audited balance sheet and audited reports. He mailed us signed scanned copy of balance sheet extract of 31march 2015 and unsigned notes to and forming part of balance sheet, P&l statement for us to sign for him to file the ROC return of 2015 after our signatures we mailed it back to him since he remains outstation most of the time. We requested him if he is not able to file ROC return then he could give us signed copy of audited balance sheet and Audited reports. He is neither filing the ROC return nor giving us his signed copies of Balance sheet and reports etc to enable us to file ROC return through other CA or CS.
We have received Notice from MCA for not filling the ROC returns which we have also forwarded to him but inspire of our numerous reminders he is not filing the ROC return nor sending his signed copies for the same. We have already paid him for 2015 and even though he has not raised bill for 2016 we have already paid fees for Tax audit.
Can We file return without his signature? What other remedies we have as we have been served notice by ROC ?
The return can be signed by any other professional (CA) also. There is no such compulsion, just get the soft copies verified by some other CA and you can file the return.
As a reply of notice you can file your due returns.
Dear Urvashiji,
My case is similar to Mr. Giri, mentioned above except the Incorporation is 2012.
What is compounding? Will it be 12 times fees + penalty?
How to go about it? Any additional forms to be filed?
Jayant Shaligram
Please refer Section 441 of the Companies Act, 2013 which deals with compounding.
Dear URVASHI
I am trying to fill up AOC-4. While filing up the details of ca membership no it shows invalid format.Is their any format to write ca membership no. Suppose my membership no is 36553 then as per new rule we are writing 036553. Is their any other format?
Eagerly waiting for your reply
I have checked the membership number as mentioned by you (036553). The form is successfully prescrutnised. Please check the details as entered by you.
thanks urvershi , i required pocedure and for rescinding the resolution earlier passed (xyz pvt co.)
Please specify your question as what exactly you want to know.
I registerd my company on feb 2013 & actual operations are started from sept. 2013, 2013-14 Turnover was below 1.5 Lakhs, & 2014 – 15 was 7Lakhs & 2015-16 was 35Lakhs. but till didn’t file any of annual ROC efilling due to miss guide and our share capital 100000 i want to file this year for 2013-14, 2014-15 & 2015 -16 what is the procedure, which form I have to file and fees also how much Penalty i have to pay & what are the legal consequences on late filing. I also want to apply for loan for working capital Please guide how can I Proceed further. Looking forward for your valuable reply.
In your case, you need to file 23 AC and ACA for filing financial statements and 20B for filing annual return for financial years commencing before 01.04.2014. Post 01.04.2014 i.e. from financial year 2014-2015 you need to file AOC-4 for filing financial statements and MGT-7 for filing annual return. If you have not appointed auditor, you also need to file the appropriate forms.
Discussing about the fine/penalty it will be 12 times of the original fees of the form. Compounding is covered under Section 403 and 441 of the Companies Act, 2013. The Annual filing forms are STP mode forms i.e. they get approved automatically once they are uploaded. Before applying for loan you have to file tour ROC and income tax returns up to date. And after taking the loan you need to file CHG-1 form within 30 days of grant of loan.
Hii
This is Neeraj Kumar, planning to register a Producer Company Act.
Can anyone guide me the procedure and the documents required for the registration.
Please refer https://www.mca.gov.in/SearchableActs/ProducerCompany.pdf
while registering my dsc it showing as “dsc is not selected”
pls guide me to register my dsc
iam daulath charetered accountant from kuppam
If you are facing any issue regarding the registration of DSC, please check the java and internet explorer settings available on MCA.
Yes, thank you so much for advising. Now it is very easy to fill the form
GOOD
i register company nov 2012 but till didnt file any of annual roc efilling
(CIN) U74200DL2012PTC245034,RG DESIGN & ENGINEERING PRIVATE LIMITED
share capital 120000
i want to file this year what is the procedure and fees also how much fine i have to pay
compounding are applicable onmy company
In your case, you need to file 23 AC and ACA for filing financial statements and 20B for filing annual return for financial years commencing before 01.04.2014. Post 01.04.2014 i.e. from financial year 2014-2015 you need to file AOC-4 for filing financial statements and MGT-7 for filing annual return.
Discussing about the fine/penalty it will be 12 times of the original fees of the form. Compounding is covered under Section 403 and 441 of the Companies Act, 2013. The Annual filing forms are STP mode forms i.e. they get approved automatically once they are uploaded. Hence, considering the provisions of Section 403 and 441 one can opine that for non filing of MGT-7/ AOC-4 within 300 days from the date of Annual General Meeting, Company can go for compounding to save itself from the future prosecutions and penalties
Thanks to your article, I get some idea of necessary things to do regarding filing of FORMS with R.O.C. With this small information, I can understand what & why Company secretary is asking me to do.
Thank you Urvashi jee for your valuable advise. It is very helpful for new professionals.
dear madam,
i want to submit roc filing for the f.y 2015-16 please tell me penalty stracture and i submit 20 jan 2017 my company share capital 10 lakh and auth capital 15 lakh
please reply early and possible
thank you
The calculation of penalty has been done keeping 30.09.2016 as the AGM date. The fees structure will be as follows:
Form—–Normal Fees—- Additional fees
AOC-4—-400————-2400
MGT-7—-400————-1600
Kindly refer fees calculator for more details as provided on MCA website. (http://www.mca.gov.in/mcafoportal/enquireFeePreLogin.do)