ROC ANNUAL COMPLIANCES

Overview

Company Annual Compliances refers to the process of submitting the required documents and information to the Registrar of Companies (ROC) annually, as per the provisions of the Companies Act. The documents typically include:

1. Financial statements (Balance Sheet, Profit and Loss Statement, and Cash Flow Statement)

2. Annual return, which provides information on the company's shareholders, directors, and other details

3. Any other forms or documents required by the ROC.

The purpose of annual compliances is to provide transparency and accountability to the government and stakeholders, and to ensure that the company is in compliance with legal requirements.

Our Expert team of professionals at SureTax Fincare will provide you necessary assistance and guidance in Annual Compliance of Company.

Various Forms and Due Dates:

Particulars	E-Forms	Due date for filing
Appointment of Auditor	Form ADT-1	Within15 days from the conclusion of AGM
Filing of Annual Accounts	Form AOC-4 and Form AOC-4 CFS (in case of Consolidated financial statements)	Within 30 days from the conclusion of the AGM
Filing of Annual Accounts in XBRL mode	Form AOC-4(XBRL)	Within 30 days from the conclusion of the AGM
Filing of Annual Return	Form MGT-7	Within 60 days from the conclusion of AGM
Filing of resolutions with MCA regarding Board Report and Annual Accounts	Form MGT-14	Within 30 days from the date of Board Meeting
Filing of Cost Audit Report	Form CRA-4	Within 30 days from the receipt of Cost Audit Report

Frequently Asked Question

Yes, annual filing is necessary for most companies. This is to ensure compliance with legal and regulatory requirements, and to provide transparency to stakeholders.

Yes, according to the Companies Act 2013, a company is required to file an annual return even if it has no transactions during the financial year. The deadline for filing the annual return is usually due within 60 days of the anniversary of the company's incorporation date. Failing to file the annual return can result in penalties, so it is important to comply with the regulatory requirements.

No, filing returns with the Registrar of Companies (ROC) is not the same as filing an income tax return. On the other hand, an income tax return is a declaration of a person's or an entity's income, expenses, and taxes paid to the government for a particular financial year. Filing returns with the ROC is a legal requirement for companies registered in India under the Companies Act, 2013.

In India, it is mandatory to file most returns with the Registrar of Companies (ROC) using digital signatures, which serve as a secure and legally valid method of electronically signing documents. The use of digital signatures for ROC returns ensures the authenticity, integrity, and non-repudiation of the submitted documents The specific types of digital signatures required for ROC returns may vary depending on the form being filed and the status of the person or entity filing the return. For example, for individual directors or authorized signatories, a Class 2 or Class 3 digital signature certificate is usually required.

Not filing the required returns and forms with the Registrar of Companies (ROC) in India can result in serious consequences, including fines, penalties, and legal action. Some of the common consequences of not filing ROC returns are:

1. Financial penalties - Companies and individuals who fail to file the required returns or forms with the ROC may be liable for financial penalties, including fines and surcharges, based on the specific rules and regulations.

2. Disqualification of directors - In some cases, the non-filing of returns or forms can lead to the disqualification of directors, and they may be prohibited from being appointed as directors of any company for a specified period of time.

3. Legal action - The MCA may initiate legal proceedings against companies and individuals who fail to file the required returns or forms, including prosecution under the Companies Act, 2013.

4. Suspension of company registration - The ROC may take action to suspend the registration of companies that are in default of their filing obligations, which can result in the company being unable to carry out its normal business activities.

5. Loss of reputation - Non-compliance with the ROC filing requirements can damage the reputation of the company and its directors, and may result in a loss of credibility with stakeholders and the public.

Yes, audited financial statements are required for annual filing of companies with the Registrar of Companies (ROC) in India. They must be submitted along with the annual return (eForm MGT-7) and the financial statement filing (eForm AOC-4).

The penalty for not filing financial statements with the Registrar of Companies (ROC) in India can include fines and penalties, as well as other consequences, such as legal action, disqualification of directors, and suspension of company registration. Fines can range from INR 100 to INR 5,000 per day of default, and may be imposed on the company and its directors. It is important to comply with all ROC filing requirements to avoid these penalties.

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