Annual ROC Filings
Companies in the corporate world are required to comply with various requirements laid down by the Companies act, 2013. One of them includes annual ROC filling which includes filling of MGT-7 & AOC-4 which are required to be filed annually. These are called Annual filling with regard to Companies Act which the company has to do at the end of every year.
What is MGT-7 & AOC-4?
MGT-7 is an e-form provided by the Ministry of Corporate Affairs (MCA) to fill details relating to annual returns. MCA maintains the record of MGT-7 filed by the companies on the basis of statement of correctness given by the company.
While, AOC-4 is also an e-form which is required to be filed for filling the Annual financial statements for each financial year with the Registrar of Companies (ROC).
Who are required to file MGT-7 & AOC-4?
| MGT-7 | All companies registered under Companies Act, 2013 are required to file MGT-7 for its Annual Returns. |
| AOC-4 | All companies registered under Companies Act, 2013 are required to file AOC-4 for filling financial Statements. |
| AOC-4-XBRL | a) All companies listed with any stock exchange in India and their Indian subsidiaries.
b) All companies with a capital of 5 crores or above. c) All companies with a turnover of 100 crores or more. d) All companies which were covered till date under the Companies Rules 2011. |
Purpose
- AOC-4: Financial statements of a company represents the financial position of the company. It is also the way of communication between the Board of directors & shareholders. Companies are required to file AOC-4 for filling of its financial Statements.
- MGT-7: The Form MGT 7 is filed for annual return however it contains all the particulars as similar to appear in the closing of the financial year.
Due Dates for Filling
- AOC-4: Under normal circumstances, Form AOC 4 should be filed within 30 days from the last date of the company’s annual general meeting (AGM) held in a relevant assessment year.
- MGT-7: Form MGT-7 is to be filed within 60 days from the date of Annual General Meeting of the company.
Fees for the forms: Fees of MGT-7 & AOC-4 is based upon the Capital structure of the Company
| Capital Structure | Fees of MGT-7 | Fees of AOC-4 |
| Less than 1,00,000 | INR 200 | INR 200 |
| 1,00,000 to 4,99,999 | INR 300 | INR 300 |
| 5,00,000 to 24,99,999 | INR 400 | INR 400 |
| 25,00,000 to 99,99,999 | INR 500 | INR 500 |
| 1,00,00,000 or more | INR 600 | INR 600 |
Details required to be filled
| AOC-4 | MGT-7 |
| Company’s general details — such as its Corporate Identity Number (CIN); Details about its director/s, manager, CEO, CFO and all who signature company’s financial statements and Board Report; Details about Auditor and SRN of ADT-1 etc. | Details of registered office, primary business activities, details of its holding, subsidiary and associate companies |
| Information relating to the Balance Sheet for the Financial Year. | Details of shares, bonds and other securities and shareholding pattern of the company financial obligations of the company. |
| Information relating to the Profit & loss for the Financial Year. | Details of members and debenture-keepers along with changes associated with them since the end of the last financial year. |
| Information about the share capital raised during the year. | Details promoters, directors, key managerial personnel along with changes associated with them since the end of the last financial year. |
| Details about the company’s principal products or services | Details of Meetings of members or a class thereof, Board and its various committees along with attendance |
| Details relating to Corporate Social Responsibility (CSR) reporting | Details of Payment of directors and principal managerial personnel. |
| Details regarding the related party transaction. | Details of shareholding format. |
Attachments Required
- AOC-4: 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.
- MGT-7: List of shareholders, debenture holders, Share Transfer, MGT-8.
Both these form together constitutes as Annual Roc fillings required by the company to comply every year.
Penalties
| AOC-4 | MGT-7 |
| a) Delay up to 30 Days – 2 times of normal filing fees | Rs. 100 per day upto to the date such non-filling continues. |
| b) More than 30 days and Up to 60 Days – 4 times of normal filing fees | |
| c) More than 60 days and Up to 90 Days – 6 times of normal filing fees | |
| d) More than 90 days and Up to 180 Days – 10 times of normal filing fees | |
| e) More than 180 days and Up to 270 Days – 12 times of normal filing fees |
We assist our clients with all the compliances related to winding up of the company, company incorporation, business setup, ROC filings etc. If you have any questions or want to know more about Annual ROC filings, kindly contact us.