What is ROC filling and why we file the annual return of companies?

Annual ROC Filing is filing certain forms to the ROC (Registrar of Companies). They are done annually and are done under the direction of The Companies Act, 2013. They are important and can’t be skipped, because under the Companies Act, 2013 every company shall be required to file an annual return. Delay or non-filing of return attracts heavy penalties.

Annual return forms and their due dates for private/Public limited companies other than OPC?

•             Form AOC 4 is used to file for Annual Accounts of the companies. The due date is 30th days from the conclusion of the Annual General Meeting (AGM).

•             Form MGT 7 is used to file the Annual Return of the companies. The due date is 60th days from the conclusion of the Annual General Meeting (AGM).

Time to held Annual general meeting

In case the company is newly incorporated and the meeting of the members is the first annual general meeting (AGM), then in that case company allow to be held its first annual general meeting within a period of nine months from the date of closing of the first financial year of the company, and

In any other case, within a period of six months, from the date of closing of the financial year and not more than fifteen months shall elapse between the two annual general meetings of a company.

Further, Registrar of Companies may extend the time within which any annual general meeting, other than the first AGM, shall be held, by a period not exceeding three months, if the company file an application with the registrar in any special reason of non conducting AGM within the time frame allowed under the Companies Act 2013.

Documents need to prepare for Annual Filling form of ROC filling:

1.  Copy of the signed Financial Statements of the Company including Accounting policy and Auditor Report;

2.  Copy of the Signed Directors Report and MGT-9 (EXTRACT OF ANNUAL RETURN);

3.  Notice of Annual General Meeting;

4.  Copy of List of Shareholders;

The procedure of filling form AOC-4 for Annual Accounts of the companies

1.            First, we need to download e-form AOC-4 from the MCA website.

2.            After download the e-form AOC-4 applicant needs to fill all the required information in it like:

(i)            Corporate Identification Number of the company;

(ii)           Financial Year Starting and end date;

(iii)          Date of AGM and date of the due date of AGM;

(iv)          Details of Directors and Auditor who has signed the financial statement of the company;

(v)           Details of the Directors who have signed the Director report of the company;

(vi)          Details of the Auditor of the company;

(vii)         Details of the Holding, Subsidiary and associates company;

(viii)        Particulars of the Financials statement of the company;

(ix)          Details related to cost records and cost audit if applicable;

(x)           Details of the Corporate Social Responsibility if applicable;

(xi)          Details of the Related Party Transactions;

(xii)         Details of remarks made by auditors and applicability of CARO;

3.            The applicant needs to affix the DSC of Authorized director in e-form AOC-4 after fill all the required information and after attaching all required attachments.

4.            If the company is a non-small company then practicing professional DSC is also needs to affix in e form AOC-4 FORM.

5.            Applicants need to submit e-form AOC-4 with the MCA website after affix the DSC and need to make the payment as required by the department. After making the payment of e-form the                      MCA department issue copy of the challan in reference to a payment made by the applicant.

The procedure of filling e-form MGT-7 for Annual Return of the companies

1.            First, we need to download e-form MGT-7 from the MCA website.

2.            After download the e-form MGT-7 applicant needs to fill all the required information in it like:

(i)            Corporate Identification Number of the company;

(ii)           Financial Year Starting and end date;

(iii)          Date of AGM and date of the due date of AGM;

(iv)          Details of the principal business activities of the company;

(v)           Particulars of holding, subsidiary, and associate companies;

(vi)          Details of the share capital, debentures and other securities of the company;

(vii)         Details of stock split/consolidation during the year;

(viii)        Details of shares/debentures transfers;

(ix)          Details of Outstanding Indebtedness including debentures;

(x)           Particulars of shareholding pattern, number of promoters, members, debenture holders;

(xi)          Details of directors and key managerial personnel;

(xii)         Details of the meetings of members/class of members/board/committees of the board of directors;

(xiii)        Details of remuneration of directors and key managerial personnel;

(xiv)        Details of penalties/punishment imposed on company/directors /officers if any;

3.            The applicant needs to affix the DSC of Authorized director in e-form AOC-4 after fill all the required information and after attaching all required attachments.

4.            If the company is a non-small company then practicing Company Secretary DSC is also needs to affix in e form MGT-7 FORM.

5.            Applicants need to submit e-form AOC-4 with the MCA website after affix the DSC and need to make the payment as required by the department. After making the payment of e-form the MCA department issue copy of the challan in reference to a payment made by the applicant.