Company Annual Filing Compliance FY 18-19

Company Annual filling is the disclosure of financial statements of the Company with the Ministry of Corporate affairs under which a company is required to disclose every year its financial status mandatorily failure for which for a continuous period of 3 years or more may lead to even company closure by the ministry of Corporate Affairs. The Ministry of Corporate Affairs (MCA) mandates every company to file the annual accounts and annual return as per The Companies Act, 2013 within 30 days and 60 days respectively from the conclusion of the Annual General Meeting. 

What is Annual General Meeting?

As per sec 96 of the Companies Act, 2013, Annual general meeting (AGM) is a meeting which shall conducted by every company within 6 months from the date of closure of financial year.

Thus every company which is registered under the Companies Act, 1956/2013 is required to comply with the ROC compliance every year.

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What is ROC filling?

The ROC compliance means Annual Filling of the Company For FY 2018-19 with respect to-

1. Auditors Appointment/Reappointment (Form ADT-1)
2. Companies Financial Statements (Form AOC-4)
3. Annual Return (Form MGT-7)

to the concerned Registrar of Companies (ROC) within due dates. 

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Applicability

It is applicable to all companies like-

1. Private Limited Company
2. Public Company
3. One Person Company
4. Producer Company etc

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Due Dates ROC Return Filing (FY 2018-19)

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Fees Details for Annual Filling form (AOC-4, MGT-7 and ADT-1)

The fees for creation of Charge CHG-1 are provided as per the companies (Registration of offices and Fees) Rules, 2014

I. Fees for Companies Having Share Capital

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II. Fees for Company not having Share Capital

In case company not having a share capital, the fee for intimating the Creation or Modification of Charge by the company to the Registrar is Rs.200 per document.

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Additional Fees

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Details of ROC filling Forms

1. Form ADT-1 Auditors Appointment/Reappointment

Section 139 deals with appointment of Auditors. Every Company is required to appoint Auditor of the Company who is a Chartered Accountant and the member of the Institute of Chartered Accountants of India.

Every Company should within 30 days of registration under the Companies Act, 2013 shall appoint an Auditor in the Board Meeting and shall confirm his appointment in the ensuing Annual General Meeting (AGM) of the Company.

Once his appointment is confirmed, it is confirmed for a period of 5 years. Form ADT-1 is required to be filed in the annual filling of the Company which is valid for 5 years.

If in case the auditor resign in between the period of 5 years, then it causes casual vacancy whereby separate forms like ADT-3 and ADT-1 needs to be filed.

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Contents of Form ADT-1

Form ADT-1 contains some basic information like-

1. Nature of appointment
2. Details of auditors as like-
3. PAN of the Auditors
4. Firm Details
5. Membership No
6. Address of the Auditors firm
7. Email Id of the Auditor
8. Period of Audit
9. Number of Financial years to which appointment relates
10. Whether the appointment of Auditor is within the limit of 20 companies

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2. Form AOC-4 Financial Statements of the Company

As per provisions of section  137 of the Companies Act 2013, every company is required to file the Financial Statements of the Company with the Registrar of Companies (ROC) within a period of 30 days from the date of the AGM in Form AOC-4. If the Company is having subsidiary or Associate Company then it has to file two types of financial Statements-

1. Consolidated Financial Statements and
2. Standalone Financial Statements

The Consolidated financial Statements is filed in form AOC-4 CFS and

The Standalone Financial Statements are filed in form AOC-4.

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3. MGT-7 Annual Return of the Company

Every company is required to file each year its annual return in form MGT-7 to the ROC within 60 days from the date of AGM.

Contents of Form MGT-7

1. Details of CIN (Corporate Identification Number)
2. Particulars of the company’s registered office
3. Principal business activities pursued by the company
4. Particulars of Holding, Subsidiary and Associate Companies
5. Particulars of the shares, debentures and other securities of the company
6. Particulars of turnover and net worth of the company
7. Details of shareholding pattern.
8. Indebtedness
9. Details of members, debenture holders and other securities holder
10. Details of shares/Debenture transfers of the particular financial year
11. Particulars of promoters
12. Particulars of directors
13. Particulars Key Managerial Personnel
14. Details of meetings of members/class of members/Board/Committees of the Board of Directors
15. Remuneration of directors
16. Remuneration of Key Managerial Personnel
17. Details on penalties/punishment/compounding of offences on company, directors and other officers in default
18. Details of matters pertaining to certification of compliances and disclosure
19. Details in respect of shares held by or on behalf of the Foreign Institutional Investor (FII)
20. Details of other pertinent disclosure