All about Filing Form AOC-4 for Companies

What are the filing fees for Form AOC-4?

Here is a table showing the filing fees for Form AOC-4 based on the company’s authorized share capital:

What steps to follow for Form AOC-4 filing?

Here are the steps to follow for filing Form AOC-4, explained in pointers with brief details:

Step 1: Hold a Board Meeting: Approve the financial statements, Board’s Report, and Auditor’s Report in a Board Meeting.
Step 2: Conduct Annual General Meeting (AGM): Present and get approval for the financial statements from shareholders (not required for OPCs).
Step 3: Prepare Form AOC-4: Fill in the required details, such as company information, financial data, auditor details, and attach necessary documents.
Step 4: Attach Supporting Documents: Upload mandatory attachments like the Balance Sheet, Profit & Loss Account, Auditor’s Report, and Board’s Report.
Step 5: Certification by a Professional: Get the form digitally signed by a Director and certified by a practicing Chartered Accountant, Company Secretary, or Cost Accountant.
Step 6: File the Form with ROC: Submit the digitally signed and certified Form AOC-4 on the MCA portal within the prescribed due date.
Step 7: Pay the Government Fees: Make the necessary payment based on the company’s authorized capital.

What are the due dates of filing Form AOC-4?

Here are the due dates for filing Form AOC-4:

• For Companies (except OPCs): Within 30 days from the date of the Annual General Meeting (AGM). The company must conduct the Annual General Meeting (AGM) within six months of the end of the financial year, so it typically files AOC-4 by 30th October each year.
• For One Person Company (OPC): Within 180 days from the end of the financial year. So, for OPCs, the due date is usually 27th September.

What are the consequences of non-filing of Form AOC-4?

Here are the consequences of non-filing of Form AOC-4, explained in pointers with details:

• Penalty on Company: Failure to file Form AOC-4 can result in a penalty of ₹10,000, along with an additional ₹100 for each day of delay, up to a maximum of ₹2,00,000.
• Penalty on Directors: Each defaulting director is liable to pay a penalty of ₹10,000, with an additional ₹100 per day of continued default, subject to a maximum limit of ₹50,000 per director.
• Additional Filing Fees: Additional fees, ranging from 2 to 12 times the normal filing fee, apply based on the number of days of delay, apart from penalties.
• Disqualification of Directors: Continuous non-compliance may lead to disqualification of directors under Section 164 of the Companies Act, 2013.
• Legal Action by ROC: The Registrar of Companies (ROC) may issue notices and initiate prosecution to take legal action for continued default.

Conclusion

Filing Form AOC-4 is a crucial part of annual compliance for all companies under the Companies Act, 2013. It ensures financial transparency, legal conformity, and builds trust among stakeholders. Timely filing helps avoid penalties and legal consequences. Companies must stay updated with the due dates and required documentation. Proper guidance and professional assistance can make the filing process smooth and error free.

Suggested Read :

Form MGT 7

Form ADT 1

Monthly Compliance for Pvt Ltd Companies

Taxation for Pvt Ltd Company

Checklist for Pvt Ltd Company Compliance

FAQ