ANNUAL RETURNS/ANNUAL FILINGS

•All Companies registered in India like Private Limited Company, One Person Company, Limited Company, and Section 8 Company must file MCA annual return and income tax return each year. Companies must conduct an Annual General Meeting at the end of each financial year and file an annual return with the Ministry of Corporate Affair to maintain compliance. 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. Subsequent Annual General Meetings should be held within 6 months from the end of that financial year. In India, normally the financial year starts on April 1st and end on 31st March. So a Company's annual return would be due on or before September 30th.

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

15 days from the conclusion of AGM.

Private Company, Public Limited Companies, Listed Company, One Person Company

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

30 days from the conclusion of the AGM(In case of OPC within 180 days from the close of financial year)

Private Company, Public Limited Companies, One Person Company

Form AOC-4(XBRL)

Filing of Annual Accounts in XBRL mode

XML document of financials of the Company

30 days from the conclusion 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

Filing of Annual Return

List of shareholders, debenture holders, Share Transfer, MGT-8

60 days from the conclusion of AGM.

Private Company, Public Limited Companies, Listed Company, One Person Company

Form CRA-4

Filing of Cost Audit Report

XML of Cost Audit

30 days from the receipt of Cost Audit Report

Companies prescribed as per The Companies (Cost records and Audit Rules), 2014 amended from time to time.

Form MGT-14

Filing of resolutions with MCA regarding Board Report and Annual Accounts

Certified true copy of the resolution.

30 days from the date of Board Meeting

Public Companies and Listed Companies (Exempted for private companies)

The procedure of ROC filing the annual return and annual accounts can be easily understood by the following process:

1. Hold a Board Meeting to         
        a. Authorize the auditor for the preparation of financial statements as per Schedule III of the Companies              Act, 2013.
        b. 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.

General Points to be Kept in Mind while Doing the Annual ROC Filing
1. The notice of Board Meeting should be sent to all the directors before 7 days and acknowledgement for the same should be taken.
2. As per Section 134 of the Companies Act, 2013 the financial statement, including consolidated financial statement, if any, shall be signed on behalf of the Board at least by the chairperson of the company where he is authorized by the Board or by two directors out of which one shall be the managing director and the Chief Executive Officer, if he is a director in the company, the Chief Financial Officer and the company secretary of the company, wherever they are appointed, or in the case of a One Person Company, only by one director.
3. As per Section 101 of the Companies Act, 2013, a clear 21 days’ notice for the general meeting shall be given to all the members, legal representatives of any deceased person, auditor, and every director of the company by physical or electronic mode. The notice should also contain the location map of the venue of the general meeting as per Secretarial Standards and should be placed on the website if any.
4. The company shall prepare its books of accounts and keep at its registered office. If the company chooses to place at any other place, then the company will have to file AOC-5 by passing a board resolution.
5. While uploading the forms, care should be taken that the form is the latest version as provided on the MCA.

DOCUMENTS REQUIRED

a. Copy of MoA, AoA
b. Board Resolution in case of Company / Partnership Firm
c. List of shareholders with holdings
d. Details of board composition
e. Secreterial Audit Report
f. Last year's tax return
g. LLP Partnership Deed (If LLP)
h. Particulars of penalties or compounding offences (if applicable)

NON-COMPLIANCE
In case if a company fails to comply with the rules and the regulations of the Companies Act, then the company and its members who default shall be punishable with a dine for the period of which the default is continuing.

In case there is a delay in annual filing, additional fees are required to be paid. Hence, it is always better to fulfill the compliances on time.