Companies are required to file its Annual Accounts and Returns disclosing details of its shareholders, directors etc to the Registrar of Companies. Such compliances are required to be made once in a year. Private Limited.
The Companies Act, 2013, the guiding law for companies orders for each company to file their Balance Sheet and Profit and Loss Account alongside the audit report within 30 days from Annual General meeting (AGM). The organization is likewise required to file annual return containing data such as the name of the company, its registered office, its primary business activities, capital in the organization, details of all the directors and shareholders and so forth as on the date of Annual General Meeting within 60 days from the date of Annual General Meeting.
Tabular presentation of different form to be filed to comply with annual filing with ROC
Balance Sheet, Profit & Loss Account
Form 23AC to be filed by all companies
30 days from date of AGM
Form MGT-7 to be filed companies having share capital
60 days from date of AGM
Form 21A to be filed by companies without share capital
60 days from date of AGM
Balance Sheet And Profit And Loss Account (Form AOC-4)
These incorporate after procurements:
The Balance Sheet need to received at the Annual General meeting held by the Company.
A copy of Balance Sheet is to be filed with ROC within 30 days from the date of the Annual General Meeting (AGM).
Where an AGM is not held, copy of balance sheet/profit & loss account is to be e-filed within 30 days from the most recent day at the very latest which the meeting ought to have been held and an announcement of the certainty and of the reasons thereof should must be filed along with the balance sheet.
Where balance sheet is laid before however not received at the AGM or the AGM was deferred without adopting the balance sheet, a statement of the fact and reasons thereof has to be filed along with the balance sheet, etc. within 30 days of the AGM.
Financial Statement – At least one year from the date of incorporation must have passed before the company petitions the ROC for declaring it as defunct. Audited financial statements for the period in which business has been undertaken must be submitted along with the application. In case any unsecured loans are there, then a waiver letter for the same must be submitted.
Annual Returns (Form MGT-7 OR Form 21A)
The annual return incorporates annual return in Form MGT-7 and 21A with the following procurements:
Annual Return form should be filed with the ROC in an electronic mode within 60 days from the date of holding the annual general meeting.
Where annual general meeting has not been held, the return is required to be filed within 60 days from the date on which the annual general meeting should have been held.
As per sec 92, the return is to be properly signed digitally and the essential certificates to be attached.
In instance of a company whose shares are listed on a recognized stock exchange; the return is to be additionally signed digitally by a secretary in entire time practice.
Important Points To Remember:
Balance Sheet and Profit and Loss Accounts are to be filed as two separate reports with various e-Forms.
Each e-Form along with the significant attachment(s) must be less than 2.5 MB.
The Balance Sheet, Profit and Loss Account and Annual Return are filed as attachments to the individual e-Forms. A scanned copy significantly increases the size of the document besides being more expensive. You are consequently, encouraged to change over the Text record/Excel sheets by utilizing the PDF converter software and transfer these connections as PDF archives.
The MCA database in admiration of Authorized Capital and Paid-up Capital should be verified by the individual Companies, as it may not be right. The Companies are asked for to apply for correction of Master Data, if they discover any errors. Meanwhile, the Companies can declare the correct amount of Authorised Capital and Paid-up Capital in the respective annual filing Forms.