All Companies registered under the Companies Act, 2013 (or previous acts) are required to file its financials and annual return with the Ministry of Corporate Affairs. The forms for filing financials and annual return are prescribed under Section 137 and Section 92, respectively, of the Companies Act, 2013.
Forms AOC-4/AOC-4XBRL/AOC-4CFS/AOC-4 NBFC
Under Section 137 of the Companies Act, 2013 companies are required to file its Audited financial Statement in Form AOC-4 within 30 days of Annual General Meeting of the Company. There are different forms prescribed for different class of companies. Also, the following classes of Companies are required to file their financials in extensible business reporting language (XBRL).
|Sr. No||Type of Company||Applicable taxonomy|
|1.||Companies listed with stock exchanges in India and their Indian subsidiaries||IndAS|
|2||Companies having paid up capital of five crore rupees or above||C&I|
|3||Companies having turnover of one hundred crore rupees or above||C&I|
|4||All companies which are required to prepare their financial statements in accordance with Companies (Indian Accounting Standards) Rules, 2015||IndAS|
However, following companies are exempted from filing financials statements in XBRL:
One Person Company is required to file a copy of financial statements within 180 days from the closure of financial year.
Mandatory Attachments to Form AOC-4
|· Statement of subsidiaries as required under section 129 in the format of Form AOC-1 prescribed under the Companies (Accounts) Rules, 2014|
|· Statement of the fact and reasons for not adopting balance sheet in the annual general meeting (AGM) – [if provisional unadopted financial statements are being filed]|
|· Statement of the fact and reasons for not holding the AGM – [if AGM was not held]|
|· Approval letter of extension of financial year or AGM – [if any extension has been granted for AGM or financial year]|
|· Supplementary or test audit report under section 143 – [if CAG of India had conducted supplementary or test audit under section 143 ]|
|· Company CSR policy as per sub-section (4) of section 135|
|· Details of other entity(ies): [in case any amount of CSR is spent not directly by company. Details of all such implementing agencies should be attached]|
|· Details of salient features and justification for entering into contracts/ arrangements/transactions with related parties as per sub-section (1) of section 188 – Form AOC-2|
|· Details of comments of CAG of India – [if C&AG of India had conducted supplementary or test audit under section 143]|
|· Secretarial Audit Report – [if Secretarial Audit was applicable]|
|· Directors’ report as per sub-section (3) of section 134 – [if the same was mentioned in the Segment VI of the eform]|
|· Details of remaining CSR activities: Details of CSR programmes/projects/activities not mentioned in e-form is mandatory to attach in excel sheet.|
|· Optional attachments (s)- if any
Where a company has one or more subsidiaries/associates/Joint Venture it shall file along with Form AOC-4, a consolidated financial statement of the company and of all the subsidiaries in the Form AOC-4CFS.
Every NBFC company as defined in the Companies (Indian Accounting Standards) (Amendment) Rules, 2016 to which Indian Accounting Standards apply, needs to file its financial statements, including consolidated financial statement and mandatory attachments, via e-Form AOC-4 NBFC (Ind AS) within 30 days of Annual General Meeting.
Signing of e-Form AOC-4
Before filing on MCA website, e-Form AOC-4 has to be digitally signed by any of the following Key Managerial Personnel of the company:
Ensure the eForm is digitally signed by Director/Manager/ Secretary/CEO/CFO
Certification of Practicing Professional (except for small company)
The eForm AOC-4 needs to be certified by any of the following practicing professional:
Along with Form AOC-4 companies also required to file Annual Return in Form MGT-7/MGT-7A. Every company needs to file its annual return within 60 days of Annual General Meeting. Also, from the financial year 2020-2021 onwards pursuant to commencement of Companies (Management and Administration) Amendment Rules, 2021, One Person Company and Small Company is required to file Annual Return in Form MGT-7A.
Certificate from Company Secretary in practice
The following class companies are required to obtain a certificate in Form MGT-8
Mandatory attachments to Form MGT-7/MGT-7A
|Sr. No.||Nominal Share Capital||Fee applicable|
|1||Less than 1,00,000||Rupees 200 per document|
|2||1,00,000 to 4,99,999||Rupees 300 per document|
|3||5,00,000 to 24,99,999||Rupees 400 per document|
|4||25,00,000 to 99,99,999||Rupees 500 per document|
|5||1,00,00,000 or more||Rupees 600 per document|
Signing of e-Form MGT-7
Before filing on MCA website, e-Form MGT-7 has to be digitally signed by any director of the Company.
Certification of Practicing Professional (except for small company or company having Company Secretary)
The eForm needs to be certified by any of the following practicing professional:
For any further assistance please contact at [email protected] or 9702908418.