MCA Annual Filing Forms Under Section 92 & 137 of Companies Act

All the firms enrolled beneath the Companies Act 2013 or previous acts are needed to furnish the yearly return through the Ministry of Corporate Affairs. The forms to furnish the yearly return are prescribed beneath section 137 and section 92 correspondingly of the Companies Act 2013.

Annual Filing AOC-4, AOC-4 XBRL, AOC-4CFS & AOC-4 NBFC Forms

Beneath section 137 of the Companies Act, 2013 companies are needed to furnish their audited financial statement in Form AOC-4 in 30 days of the annual general meeting of the company. There are various forms as prescribed for distinct classes of companies. Indeed the mentioned class of the companies are needed to furnish their financials in extensible business reporting language (XBRL).

But the mentioned companies are privileged from furnishing the financials statements in XBRL:

• Non-banking financial companies,
• Housing finance companies
• Banking Companies
• Insurance Companies

Further, One person company is needed to furnish a copy of the financial statements within 180 days from the closure of the fiscal year.

Some Essentials Attachment to Form AOC-4

• “Beneath section 129 of Form AOC-1 as prescribed beneath companies, accounts rule 2014 is required to be submitted stating the subsidiaries.”
• “Statement of the fact and reasons for not adopting balance sheet in the annual general meeting (AGM) – [if provisional unadopted financial statements are being filed]”
• “Statement of the fact and reasons for not holding the AGM – [if AGM was not held]”
• “Approval letter of extension of the financial year or AGM – [if any extension has been granted for AGM or financial year]”
• “Supplementary or test audit report under section 143 – [if CAG of India had conducted supplementary or test audit under section 143 ]”
• “Company CSR policy as per sub-section (4) of section 135”
• “Details of other entities(ies): [in case any amount of CSR is spent not directly by the company. Details of all such implementing agencies should be attached]”
• “Details of salient features and justification for entering into contracts/ arrangements/transactions with related parties as per sub-section (1) of section 188 – Form AOC-2”
• “Details of comments of CAG of India – [if C&AG of India had conducted supplementary or test audit under section 143]”
• “Secretarial Audit Report – [if Secretarial Audit was applicable]”
• “Directors’ report as per sub-section (3) of section 134 – [if the same was mentioned in the Segment VI of the reform]”
• “Details of remaining CSR activities: Details of CSR programmes/projects/activities not mentioned in e-form is mandatory to attach in an excel sheet.”
• “Optional attachments (s)- if any”
  1. The company possesses one or exceeding subsidiaries/associates/Joint Venture have to furnish along with Form AOC-4 a consolidated financial statement of the firm in addition to that of the subsidiaries in Form AOC-4CFS.
  2. Every NBFC firm comes under the Companies (Indian accounting standards) (amendments) rules, 2016 where the Indian accounting standards apply to furnish the financial statements consisting of the consolidated financial statements and essential attachment through e-form AOC-4 NBFC (Ind AS) in 30 days of AGM.

Filing Fees of AOC 4 Form

The Signing of AOC-4 e-Form Under MCA

Prior to furnishing on the MCA website, the e-form AOC-4 needs to be signed in the digital method through any of the mentioned key managerial personnel of the firm:

• Director
• Manager
• Secretary
• CEO
• CFO

You must know that the e-form is digitally signed by the Director/Manager/ Secretary/CEO/CFO

Professional Practising Certification (Except for Small Company)

The e-form AOC-4 requires to be certified through any of the mentioned practising professionals:

• Chartered Accountant (in whole-time practice)
• Cost Accountant (in whole-time practice)
• Company secretary (in whole-time practice)

MCA Form MGT-7

Along with the Form AOC-4 firms, it needs to furnish the yearly return inside Form MGT-7/MGT-7A. There are various firms that want to furnish the yearly return in 60 days of the AGM. Indeed from FY 2020-2021, the commencement of the firms (management and administration) revision rules 2021 one-person company and small company is needed to furnish the yearly return in Form MGT-7A.

Certificate Through the Company Secretary in Practice

The mentioned class firms are needed to obtain the certificate in Form MGT-8:

• a listed company or
• a company having paid-up share capital of ten crore rupees or more or
• a company having turnover of fifty crore rupees or more,

Obligatory Attachments to Form MGT-7/MGT-7A

• List of Debenture and Share Holders
• “Approval letter for extension of AGM (if the extension is sought for conducting an AGM)”
• “Copy of MGT-8 (if applicable)”
• “Separate sheet for details of the transfer”
• “List of Directors (Mandatory in MGT-7A)”

Filing Fees of MGT 7 Form

The Signing of MGT-7 e-Form Under MCA

Prior to furnishing the MCA website, the e-Form MGT-7 needs to be digitally signed through any director of the firm.

Certification of the practicing professional (excluding the small company/OPC a company having a company secretary in employment).

The e-form requires to be certified through any of the next practicing professionals:

• “Company secretary (in whole-time practice)”