MCA RELATED RETURN FILING (ROC RETURN AND COMPLIANCES 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 Audited financial statement is governed under Section 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:
- 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.
- Hold another Board Meeting for approving the draft financial statements, Board Report and Annual Return by the directors of the company.
- 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.
Documents Required for ROC Annual Filing
Every company has to attach some documents important while filing the ROC and it includes:
- Balance-Sheet:Form AOC-4 to be filed by all companies while ROC filing
- Profit & Loss Account:Form AOC-4 to be filed while ROC filing by all companies
- Annual Return:MGT 7 to be filed by companies
- Cost Audit Report: Form CRA 4 to be filed by the companies
E-Forms 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 | 15 days from the date of AGM. | Private Company, Public Limited Companies, Listed Company, One Person Company |
| 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 | 30 days from the date of the AGM (In case of OPC within 180 days from the close of financial year) | Private Company, Public Limited Companies, One Person Company |
| 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 | Filing of Annual Return | List of shareholders, debenture holders, Share Transfer, MGT-8 | 60 days from the date of AGM. | Private Company, Public Limited Companies, Listed Company, One Person Company |
| Form CRA-4 | Filing of Cost Audit Report | XML document of Cost Audit report | 30 days from the receipt of Cost Audit Report | 30 days from the receipt of Cost Audit Report |
| Form MGT-14 | Filing of resolutions with MCA regarding approval of Board Report and Annual Accounts | Certified true copy of the resolution. | Certified true copy of the resolution. | Certified true copy of the resolution. |
