New Form MGT-7A Abridged Annual Return for Small Company & OPC

New Form MGT-7A Abridged Annual Return for Small Company and OPC : Applicability and Due Dates

MCA notified new FORM MGT-7A – Abridged Annual Return for OPCs and Small Companies for Financial Year 2020-21 vide Companies (Management and Administration) Amendment Rules, 2021 with effect from 5^th March, 2021.

As per the Notification, in the Companies (Management and Administration) Rules, 2014, in rule 11, for sub-rule (1), the following sub-rule shall be substituted, namely :-

“Every company shall file its annual return in Form No.MGT-7 except One Person Company (OPC) and Small Company. One Person Company and Small Company shall file annual return from the financial year 2020-2021 onwards in Form No.MGT-7A”

1. Applicability of Form No- MGT 7A :

Form MGT 7A is applicable for the Financial Year 2020-21 in respect of the following:-

1. OPC (One Person Company), and

2. Small Company

Meaning of Small Company:- As per Section 2 (85) of the Companies Act, 2013, a Small Company means a Private Limited Company whose

• Paid up capital does not exceed Rs. 2 Crores, and
• Turnover does not exceed Rs. 20 Crores.

Further, a Company is not a Small Company if:-

1. It is a Public Company;

2. It is a Holding of another company.

3. It is a subsidiary of another company.

4. It is a Section 8 Company.

5. It is a company governed by any Special Act.

2. Due Date for filing Form MGT 7A for F.Y. 2020-21 :-

• For Small Company :-  The last date for filing of Form MGT-7A is 29th January, 2022

Analysis : Form MGT-7A is required to be filed within 60 days from the date of Annual General Meeting of the Company. Since the order has been issued by the respective State RoCs for extension of the Annual General Meeting for the Financial Year 2020-21 by a period of 2 months, the due date for AGM is 30.11.2021. Thus, the last date for filing of Form MGT-7A by a Small Company is 29th January, 2022.

•  For OPC : The last date for filing of Form MGT-7A is 28th November, 2021.

One Person Company is not required to hold Annual General Meeting, yet the due date for filing Form MGT 7A shall be 60 days from the completion of the 6 months from the end of financial year. Thus, the last date for filing of Form MGT-7A by OPC is 28th November, 2021.

3. Form Filling Fees :

Late Fees :- Rs. 100 per day after respective Due dates for OPC and Small Company.

MCA mandates new Form & MGT-7 & MGT 7A for OPC & small companies