Every company (Private or Limited) need to comply with the filing with Registrar of Companies (RoC). Many entrepreneurs make a default in this part. This may be due to negligence or unawareness. Reason may be anything, this tend to result in stringent penalties.

Following are the mandatory annual filing with RoC with their due dates:

  • Form AOC-4- 30 days from date of AGM
  • Form MGT-7- 60 days from date of AGM

There are various other e- forms that need to be filed on occurrence of any event in the company:

Form DIR-11- On resignation of Director

Form DIR-12- Appointment of Directors and the key managerial personnel and the changes among them

Form SH-7- Notice to Registrar of any alteration of share capital

Form PAS-3- Return of Allotment

Fees prescribed for Companies Having Share Capital

NOMINAL SHARE CAPITALFEE APPLICABLE
Less than 1,00,000Rs.200 Per Form/Document
1,00,000 to 4,99,999Rs.300 Per Form / Document
5,00,000 to 24,99,999Rs.400 Per Form / Document
25,00,000 to 99,99,9999Rs.500 Per Form / Document
1,00,00,000 and MoreRs.600 Per Form / Document

In case where the e-forms are not filed within due date with RoC then following penalty may be imposed:

PERIOD OF DELAYSPENALTY
Up to 30 Days2 times the Normal Fees
More than 30 days and Up to 60 Days4 times the Normal Fees
More than 60 days and Up to 90 Days6 times the Normal Fees
More than90 days and Up to 180 Days10 times the Normal Fees
More than 180 days12 times the Normal Fees

The penal provisions of RoC filing are so stringent that companies have been shut down due to this. The additional fees can be as high as upto 12 times of normal fees. Further, there also provisions where huge penalties are laid per day on officers as well as the companies simultaneously.

Following Annual Filing for LLPs are required to be filed with the RoC:

  • Form 8- 30th October
  • Form 11- 30th May

For LLP, the straight rule of computation of late filing fee is Rs 100 per day of delay in filing.

Non-compliance of these provisions has the capacity to shut down a full-fledged business. If you still have not started working on this, we suggest you buck up.

(Author Details :-Mr. Alok Patnia- Website: https://taxmantra.com/)

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Tags : Companies Act (1523) Companies Act 2013 (1277)