Annual Filing of Companies

Company Annual Filing

The companies under the Companies Act 2013 are required to conduct Annual General Meeting within 6 months from the end of that financial year and E-file annually the Financial Statement and Annual Return with the Registrar of Companies (ROC).

For newly incorporated Companies, the Annual General Meeting should be held within 18 months from date of incorporation or 9 months from the date of closing of financial year, whichever is earlier.

DUE DATE OF FILING

Every company shall file with the Registrar a copy of the annual return in Form MGT-7, within 60 (sixty) days from the date on which the annual general meeting is held or where no annual general meeting is held in any year within sixty days from the date on which the annual general meeting should have been held together with the statement specifying the reasons for not holding the annual general meeting, with such fees or additional fees as may be prescribed, within the time as specified, under section 403.

All companies registered in India are required under the Companies Act, 2013 to file a copy of financial statements, including all the documents which are required to be or attached, duly adopted at the annual general meeting of the company, within thirty days of conducting an Annual General Meeting. Since, One Person Company does not have an Annual General Meeting, One Person Company must file a copy of the financial statements duly adopted by its member, within 180 of closure of the financial year.

If the annual general meeting of a company for any year has not been held, the financial statements along with the documents required to be attached, duly signed along with the statement of facts and reasons for not holding the annual general meeting should be filed with the Registrar within 30 days of the last date before which the annual general meeting should have been held.


REASON FOR ANNUAL FILING:

Provide Transparency: the annual information you provide is used to keep their database up to date. It is public information through the provincial registry websites and as such allows financial institutions, professional associations and others to make informed decisions about your corporation.

Avoid Penalty: Timely filing of your can save you from penalty imposed by MCA.

Protect the company from being struck off: Your Corporation may be dissolved if it fails to file its annual returns. The law allows the provincial registry to dissolve the corporation after just one year of non-filing. Administratively, it is normally their policy to only dissolve a corporation after it has not filed for two consecutive years. If your corporation is in danger of being dissolved, they will send a final notice warning of the pending dissolution and provide an additional deadline to file the required annual returns. Dissolution is the legal termination of a corporation.

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TYPE OF E-FORMS

The following e-forms are required to be filed with ROC:

Type of Document

TYPE OF E-FORM

Purpose of Filing of Form

Balance –Sheet

Form AOC-4. (XBRL and NON XBRL)

Filing of Financial Statement with the ROC

Consolidated Financial Statement

Form AOC-4 (CFS)

Companies which have Subsidiary Company, Associate Company and Joint Ventures.

Profit & Loss Account

Form AOC-4.

Filing of Profit & Loss Account with the ROC

Annual Return

Form MGT-7.

To be filled by Companies having share Capital. To give information relating to directors and shareholder for the period of Financial Year.

Annual Return

Form MGT-7

To be filled by companies not having share capital.

Director Report

Director Report along with Following Annexure:

1. AOC-2

2. MGT-9

3. Secretarial Audit Report

 

Filing of CTC of Resolution

Form MGT-14

(for the Companies except Private Limited Company)

For the purpose of adoption of Balance Sheet and Director Report.

 

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