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Filing of Annual Returns for Companies
A Company shall need to e-file two forms i.e. Form AOC-4 and Form MGT-7, annually on or before the due dates in order to comply with the provisions of the Companies Act, 2013 and save itself from the penal levies. Following are the details of the forms along with the due date and the penalty that may be levied, if the Company fails to comply with the filing of these forms:
|
Form type |
Details to be filed in the form |
Due date of filing |
Penalty |
|
AOC-4 |
Balance Sheet along with statement of Profit and Loss Account and Director Report. |
30 days from the conclusion of the AGM (In case of OPC within 180 days from the close of financial year) |
The amount of penalty will depend on the number of days in default till the default continues. |
|
MGT-7 |
Annual return |
Within 60 days of holding of Annual General Meeting. |
The amount of penalty will depend on the number of days in default till the default continues. |
Procedure to be followed
Collection of information/ documents
Review of the information/ documents
Preparation of the annual returns
E-filing the returns
Documents required
- DSC of the Directors;
- Audited Financial Statements of the Company;
- List of Shareholder of the Company;
- Other such documents.
FREQUENTLY ASKED QUESTIONS
1. Is there any specific exemption available to Companies with regard to e-filing of the Annual returns?
– No. all the companies shall need to e-file the annual returns (AOC-4 and MGT-7) on or before due date in order to avoid penalties.
2. Can these forms be filed manually?
– No. These annual return forms have to filed electronically and the same should be digitally signed by the Directors of the Company.
3. What is the penalty on non-filing of the Annual returns?
| Period of Delay | Late fee |
| Upto 30 days | 2 times the Normal fees |
| More than 30 days and upto 60 days | 4 times the Normal fees |
| More than 60 days and upto 90 days | 6 times the Normal fees |
| More than 90 days and upto 180 days | 10 times the Normal fees |
| Moe than 180 days | 12 times the Normal fees |