COMPANIES WHICH ARE REQUIRED TO COMPLY ANNUAL FILING:-
Category-I
Every Company registered under Companies Act, 2013 or Companies Act, 1956 is required to file their Financial Statements in e-Form AOC-4 including Directors Report along with other relevant attachments (ANNUAL REPORT) and Annual Return in e-Form MGT-7 within 30 days/60 days respectively from conclusion of its Annual General Meeting (AGM)
Category-II
Every Company whose name has been published in Strike-Off Public Notice No-ROC-DEL/248/STK-5/2018/2912, dated 18.06.2018 to 31250 Companies, for not doing the Annual Compliance & Fillings.
Category-III
All the Companies whose Director(s) has been disqualified under section 164(2) of Companies Act, 2013 for non-compliance of Annual Filing.
ANNUAL FILING
All companies registered whether as private limited company, one person company, limited company, and section 8 company shall file with MCA annual return and income tax return each year.
Every Company except One Person Company (OPC) is required to conduct its Annual General Meeting (AGM) every year within 6 months from the end of each financial year commenced from 1st April and ends on 31st March . First AGM shall be held within 18 months of its incorporation or within 9 months from the end of first FY, whichever is earlier i.e for newly incorporated companies.
In India, normally the financial year starts on 1st April and end on 31st March. So a Company’s annual return normally would be due on or before 30th September.
Annual return (Form- MGT-7) consists following information and documents:-
- Balance Sheet of the Company, Profit & Loss Account
- Compliance Certificate, Registered Office Address
- List of shareholders and shareholding structure of company
- Details of transfers &/or Transmission of securities
- Shares and Debentures details
- Changes in Directorship
NOTE– Signing- Annual Return shall be signed by a director and the company secretary, or where there is no company secretary, by a company secretary in practice. However, in relation to One Person Company and small company, the annual return shall be signed by the company secretary, or where there is no company secretary, by the director of the company.
NOTE- Section-92 of Companies Act, 2013 contains provisions regarding Annual Return.
(1) Every company shall prepare its annual return in Form No. MGT 7.
(2) The annual return, filed by a listed company or a company having paid-up share capital of ten crore rupees or more or turnover of fifty crore rupees or more, shall be certified by a Company Secretary in practice and the certificate shall be in Form No. MGT 8.
ANNUAL FILING CHART
AS A PART OF ANNUAL FILING, COMPANIES INCORPORATED UNDER THE COMPANIES ACT 1956 OR COMPANIES ACT 2013, ARE REQUIRED TO FILE THE FOLLOWING E-FORMS WITH THE REGISTRAR OF COMPANIES (ROC):
- Form AOC-4: For filing financial statement and other documents
- Form AOC4– CFS: Form for filing statement containing salient features of consolidated financial statement of a group
- Form AOC4-XBRL: For filing XBRL document in respect of financial statement and other documents
- Form MGT-7: Form for filing Annual Return by Companies having share capital
ANNUAL FILING COMPLIANCE
For Companies falling under Category-I :-
- Companies falling under Category-I shall comply with Annual Filing requirements as per Article given above and Chart given below.
For Companies falling under Category-II :-
- Kindly find attached Link for complete details regarding replying to Public Notice and procedure thereafter to be followed by defaulting companies.
- Link- https://drive.google.com/file/d/1ZMVDdXL1Wdjq6PwCw8AMNNWMwR0fMT24/view?usp=sharing
For Companies falling under Category-III :-
Section 164 (2) of Companies Act, 2013 states that a person who is or has been a director of a company which—
(a) has not filed financial statements or annual returns for any continuous period of three financial years; or
(b) has failed to repay the deposits accepted by it or pay interest thereon or to redeem any debentures on the due date or pay interest due thereon or pay any dividend declared and such failure to pay or redeem continues for one year or more,
shall not be eligible to be re-appointed as a director of that company or appointed in other company for a period of five years from the date on which the said company fails to do so.
Hence, for removing disqualification of such directors, those companies has to comply with annual filing requirements and follow procedure thereafter to remove disqualification of their directors.
Author can be reached at: +91-8860608212; or samtaksimmy@gmail.com for any Company Law related Queries and Services.
Author Bio
The documents attached to mgt-7 the list of shareholders is it necessary to be signed by the directors does the act specify this