ROC Company Annual Filing
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Introduction of Annual ROC Compliances for Private Limited Companies
The Companies Act, 2013 has mandated for every company whether Private Limited Company, One person Company, Section-8 Company incorporated under the provisions of the said Act whether public or private to annually file its audited Financial Statements in various e-forms along with the necessary documents with the respective Registrar of Companies irrespective of the turnover, capital, transactions done etc. The Annual filing is done to report the activities carried out during the Financial Year.
The Annual filing of a company includes all the documentation pertaining to the filing of audited Financial Statements and the Annual return which includes the information that of the Financial Statements of the Company, Registered Office Address Certifications(if any), Details of the Shares and Debenture issued during the year and transferred, Register of Members as on the date of end of Financial Year , The details and information of Debt also about the changes in the Management of the Company including the details of its Directors, KMPs, Meeting held and attended by the Directors etc. .
Advantages of Annual ROC Compliances
Documents Required for Annual ROC
- PAN of the Company
- Audited Financial Statements audited by statutory auditor
- MOA and AOA of the Company
- Minutes of the Board Meeting and EOGM
- Certificate of Incorporation
- DSC of the authorized Director
Process of Annual ROC Compliances for Private Limited Companies
1. Complete the Application Form
2. Document Processing
3. Preparation of E-forms
4. Filing of E-forms with ROC
5. Getting the Compliance done
Annual Filing of Companies for FY 22-23
More Insights on Annual Filing of the Company
Every company has to mandatorily comply with the annual requirements as prescribed under the Companies Act, 2013. It is a statutory requirement to appoint a statutory auditor for auditing the annual accounts of the company. The companies have to get their accounts prepared and get it approved by the Board of Directors and Auditors of the company.
The companies in addition to MCA annual filings are also required to file Income Tax Return in respective form before 30th of September of every year with the Income Tax Department. It is compulsory to file ITR and annual accounts with ROC irrespective of the fact whether the company is working or not.
- Hold Board Meeting Approve the financial statements, board report and notice of AGM
- Hold Annual General Meeting Approve the financial statements, dividend declaration, regularisation of director and appointment of auditor if required.
- Filing of Forms FIle Form AOC-4 within 30 days of the AGM and MGT-7 within 60 days of the AGM
Form AOC-4 (Filing of Financial Statements)
Form MGT-7 (Filing of Annual Return)
Penalty for Non-Filing of Annual Accounts with ROC
FAQs on Annual ROC Compliances for Private Limited Companies
Yes, it is mandatory for all companies registered under Companies Act, 2013 irrespective of the turnover, capital, transactions done etc. The Annual filing is done to report the activities carried during the Financial Year.
No, it does not fall under annual compliance as the auditor appointed once in a Annual General Meeting shall remain for a five consecutive years or till the conclusion of next Annual General Meeting.
It is mandatory to file ITR and annual forms with ROC, irrespective of the facts that the company has carried on any operations or not.
Annual return which includes the information that of the Financial Statements of the Company, Registered Office Address Certifications(if any), Details of the Shares and Debenture issued during the year and transferred, Register of Members as on the date of end of Financial Year , The details and information of Debt also about the changes in the Management of the Company including the details of its Directors, KMPs, Meeting held and attended by the Directors etc.
The same is filed in e-form MGT-9 along with various other attachments within 60 days from the date on which the annual general meeting is held.
If the company doesn’t comply with the provisions and fails to file the returns it may also be declared as defunct or removed from the registers of ROC which also affects the status of the concerned directors thereby either disqualifying or debarred from their further appointment in any Company. The additional fee of Rs.100 for each day of delay shall be levied till the date of filing. For continuous failure the penalty apart from the additional fee can be levied by the Government on both – company and directors, including the imprisonment.
The Companies Act, 2013 has made it mandatory for the companies specified to get their Financial Statements audited from an statutory Auditor and the same shall be filed along with its report.
E-form AOC-4 or E-form AOC-4 (CFS) or E-form AOC-4 (xbrl) is submitted depending upon the case of the Company within 30 days from the date of Annual General Meeting of the Company or
The big companies having turnover of more than 2 crores or paid up capital of more than 50 lakhs are required to get their forms certified by the practicing professional.