Every company is required to file the Audited financial statement and annual return as per The Companies Act, 2013 within 30 days and 60 days respectively from the conclusion of the Annual General Meeting date. Filing of an Audited financial statement is governed under Sections 129 and 137 of The Companies Act, 2013 read with Rule 12 of the Company (Accounts) Rules, 2014 and annual return is governed under Section 92 of the Companies Act, 2013 read with Rule 11 of the Companies (Management and Administration) Rules, 2014.
ROC Filing Due Date
- Private Limited Companies: Limited companies should file their annual returns and financial statements within 30 days of the Annual General Meeting (AGM).
- Public Limited Companies: Public limited companies have a 60-day window from the AGM to file their annual returns and financial statements.
- One-Person Companies (OPCs): One-Person Companies OPCs should file their annual returns and financial statements within 60 days from the AGM.
- Small Companies: Small companies have 90 days from the AGM to finish their ROC filing.
E-Forms are Required to be Filed with ROC
| Name of E-form | Purpose of E-form | Attachments | Due date of filing | Applicability on Company |
|---|---|---|---|---|
| Form ADT-1 | Appointment of Auditor | Appointment Letter, Confirmation Letter from Company | Private Companies, Public Limited Companies, One Person Company | 15 days from the date of the AGM. |
| Form AOC-4 and Form AOC-4 CFS (in case of Consolidated financial statements) | Filing of Annual Accounts | Board Report along with annexures: MGT-9, AOC-2, CSR Report, Corporate Governance Report, Secretarial Audit Report, etc.. as per the nature of Company and financial statements | 60 days from the date of the AGM. | Companies prescribed as per The Companies (Cost Records and Audit Rules), 2014 amended from time to time. |
| Form AOC-4 (XBRL) | Filing of Annual Accounts in XBRL mode | XML document of financials of the Company | 30 days from the date of the AGM | Listed companies in India and their Indian subsidiaries (or) a public company With paid-up capital >= 5 crores (or) With turnover>=100 crores |
| Form MGT-7/MGT-7A | Filing of Annual Return | List of shareholders, debenture holders, Share Transfer, MGT-8 | 30 days from the receipt of the Cost Audit Report | Private Companies, Public Limited Companies, Listed Companies, One Person Company |
| Form CRA-4 | Filing of Cost Audit Report | XML document of Cost Audit report | 30 days from the date of the concerned Board Meeting | Private Company, Public Limited Companies, Listed Companies, One Person Company |
| Form MGT-14 | Filing of resolutions with MCA regarding approval of Board Report and Annual Accounts | A certified true copy of the resolution. | 30 days from the date of concerned Board Meeting | Public Companies and Listed Companies (Exempted for private companies) |
The procedure of ROC filing the annual return and Audited financial statement can be easily understood by the following process
1. Hold a Board Meeting to
- Authorize the auditor for the preparation of financial statements as per Schedule III of the Companies Act, 2013.
- Authorize the Director or Company Secretary for preparation of Board Report and Annual Return as per the Companies Act, 2013.
2. Hold another Board Meeting for approving the draft financial statements, Board Report, and Annual Return by the directors of the company.
3. Conduct the Annual General Meeting of the Company and pass the necessary resolutions. Please note that the financial statements are considered final only when the same is approved by the shareholders at the General Meeting
Why ROC Filing is Important?
Compliance with the Law: Meeting the ROC filing obligations is essential for businesses to uphold their legal status. Not meeting the deadlines for submitting required documents can result in penalties, fines, or even the dissolution of the company. Adhering to these rules demonstrates a company’s dedication to transparent and accountable business operations.
Equitable Financial Reporting: ROC filing encompasses submitting financial statements like balance sheets, profit and loss accounts, and cash flow statements. These reports offer stakeholders such as investors, creditors, and government bodies an exact overview of the company’s financial performance. Clear financial reporting boosts investor trust and bolsters the company’s standing.
Blocking Legal Effects: Meeting ROC filing requirements shields companies from legal consequences stemming from non-compliance, safeguarding them against potential legal actions and fostering a seamless operational environment.
Availability of Business Financing and Loans: Before extending loans or funding, financial institutions and investors frequently seek access to a company’s financial statements and compliance records. ROC filing allows businesses to demonstrate their financial stability and creditworthiness, thereby enhancing their prospects of securing loans and drawing investments.
Developing Trustworthiness: Consistently submitting financial statements to the ROC exhibits a company’s credibility and dependability. This, in effect, can entice potential clients, customers, and partners, nurturing business growth and facilitating expansion
Documents Required for ROC Annual Filing
- Balance-Sheet: Form AOC-4 is to be filed by all companies while ROC filing
- Profit & Loss Account: Form AOC-4 is to be filed while ROC filing by all companies
- Annual Return: MGT 7 and MGT 7A to be filed by companies
- Cost Audit Report: Form CRA 4 to be filed by the companies
FAQs
What is ROC Filing, and why is it mandatory for my company?
ROC filing entails the submission of necessary paperwork and financial declarations to the Registrar of Companies. It is a compulsory obligation for every company that is registered under the Companies Act to adhere to regulatory obligations. By completing ROC filing, businesses ensure adherence to legal requirements, promote transparency, and establish accountability.
What are the consequences of missing the ROC filing deadline?
Failure to meet the ROC filing deadline can result in penalties, fines, or even potential dissolution of the company. Adhering to the prescribed due dates is crucial to avoid any legal repercussions.
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