All About Filing the Form MGT 7 for Pvt Ltd Company Auunal Filing

Due dates of filing the form MGT-7

For Companies (other than OPC and Small Companies):

• Within 60 days from the date of the Annual General Meeting (AGM)
• If AGM is held on 30th September, then the due date is 29th November.

If AGM is not held:

• Due date is 60 days from the last date the AGM should have been held (usually 30th September).
• So, the due date remains 29th November.

For One Person Companies (OPC) and Small Companies:

• Must file Form MGT-7A instead of MGT-7.
• Due date is within 60 days from the end of the financial year.

Steps to file an MGT-7 Form

Step 1: Gather Required Information and Documents

Before starting the filing process, ensure that all necessary information and documents are compiled. This includes the details of shareholding, board of directors, registered office, principal business activities, and key managerial personnel. Having these details ready in advance reduces errors and ensures a smooth filing process.

Step 2: Login to the MCA Portal

Visit the official MCA website www.mca.gov.in and log in using your valid credentials. Only authorized users like company representatives or professionals with a valid Digital Signature Certificate (DSC) can access the filing section. If you don’t have an account, you’ll need to register before proceeding.

Step 3: Download the Form MGT-7

Navigate to the “MCA Services” tab, go to “Company Forms Download” and download the latest version of Form MGT-7 in the prescribed format. Always ensure that you are using the most updated version of the form to avoid technical errors during submission.

Step 4: Fill in the Required Details

Open the downloaded form and start entering the required details such as CIN (Corporate Identification Number), company name, address, financial year, share capital, shareholder information, and director details. The form is divided into multiple sections, so fill each part carefully and cross-check entries for accuracy.

Step 5: Validate the Form

After entering all data, click on the “Check Form” button available in the form itself. This helps validate all entries and ensures the format and content are correct. If there are any errors or missing fields, the system will prompt corrections. This step helps avoid rejection during upload.

Step 6: Attach Supporting Documents

Upload all the necessary attachments, such as the list of shareholders, board resolution, and share transfer details, if applicable. Make sure that attachments are in PDF format, clear, and digitally signed where required. Any missing or incorrect document may lead to resubmission or penalties.

Step 7: Affix Digital Signature

Once the form and attachments are complete, affix the Digital Signature Certificate (DSC) of the company director and, if applicable, the practicing Company Secretary. The DSC ensures authenticity and is mandatory for secure submission under MCA norms.

Step 8: Pre-Scrutiny of the Form

Click on the “Pre-Scrutiny” button in the form. This is a technical validation step provided by the MCA portal that ensures the form is technically sound and ready for upload. If the form fails scrutiny, rectify the highlighted issues before proceeding.

Step 9: Upload the Form on MCA Portal

After successful pre-scrutiny, log back into the MCA portal and upload the validated and digitally signed form under the “Upload E-Forms” section. You will receive a Service Request Number (SRN) which can be used for future tracking and communication.

Step 10: Pay the Prescribed Fees

Once the form is uploaded, the system will generate a payment challan based on your company’s authorized capital. Pay the government fees using the available online payment methods. Ensure to save the payment receipt and acknowledgement for your records.

Step 11: Acknowledge Submission and Track Status

After payment, the MCA portal will issue an acknowledgement of successful submission. You can track the status of the filing using the SRN. If the form is approved, it will be reflected in the company’s filing history. If rejected, you’ll receive feedback for resubmission.

Filing fees for MGT-7 form

Filing fees depend on the Nominal Share capital of the company. Below is a table explaining the clear view of the filing fees of MGT-7 based on the nominal share capital.

Consequences of non-filing of MGT-7

Daily Late Filing Fee of ₹100

The very first consequence of missing the MGT-7 deadline is a penalty of ₹100 per day of delay. This fee starts accruing from the next day after the due date and continues until the form is filed. There is no upper limit, so even short delays can turn costly.

Additional Monetary Penalty on Company and Officers

As per Section 92(5) of the Companies Act, the company may face a penalty of up to ₹5,00,000 for non-filing. Moreover, each responsible director or officer can also be fined ₹50,000, with a continuing penalty of ₹100 per day. These penalties are imposed in addition to the late fee.

Company Marked as Defaulting on MCA Records

Once a company fails to file its annual return, its compliance status is marked as “defaulting” on the MCA portal. This status is visible to the public and may harm the company’s reputation. It also raises red flags during due diligence or financial vetting.

Restrictions on Filing Other Forms

The MCA may restrict the company from filing certain other forms until the default is cleared. This can create legal and procedural roadblocks for operations like director appointments, change in registered office, or any structural update. In severe cases, compliance restoration becomes tedious.

Disqualification of Directors for Persistent Defaults

If a company fails to file MGT-7 (or AOC-4) for three consecutive years, its directors become disqualified under Section 164(2). Disqualified directors cannot be appointed or reappointed in any company for five years. This directly affects leadership continuity and governance.

Legal Action and Prosecution

Continued non-compliance may lead to prosecution initiated by the Registrar of Companies. Legal proceedings may include summons, hearings, or even penal actions under the Companies Act. This puts both the company and its management at legal risk.

Conclusion

Filing Form MGT-7 is a vital part of a company’s annual compliance under the Companies Act, 2013. It helps the Ministry of Corporate Affairs maintain transparency, monitor company governance, and ensure regulatory adherence. Missing the deadline not only invites penalties but can also damage the company’s reputation. To avoid legal trouble and maintain a good compliance status, companies should file MGT-7 on time with accurate and complete details.

Suggested Read :

Form AOC 4

Form ADT 1

Monthly Compliance for Pvt Ltd Companies

Taxation for Pvt Ltd Company

Checklist for Pvt Ltd Company Compliance

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