Important Update

What is Form AOC 4?

All the companies registered in India under the Companies Act 2013 are required 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.

The financial statements of a company must be filed with the Ministry of Corporate Affairs every year. The MCA form for filing financial statements is AOC-4

Who should file Form AOC 4?

Form AOC 4 should be filed by every company registered in India. It includes OPC, Private Limited and public Limited as well.

The due date for filing the AOC 4

• All the companies registered in India under the Companies Act 2013 are required to file Hence, Form AOC-4 is submitted with the MCA for each Financial Year within 30 days of a company’s annual general meeting.
• One Person company must file a copy of financial statements duly adopted by its members, within 180 days of closure of the financial year since Open Person company does not have an annual general meeting.
• If in any case the annual general meeting for any year has not been held, the financial statements along with the documents required to be attached, duly signed along with the statements 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.

The fees by the Government for filing the AOC 4

• For the company not having a share capital the fees would be Rupees 200/- per document
• The government fees for filing the Form AOC 4 would be according to the Nominal Share Capital of the company, the structure of the same is as follows:

Penalty for late filing the Form AOC 4

• In case of Delay in filing the annual returns/balance sheet/financial statement beyond the period provided under Section 137(1) of the Act – Due dates to file AOC 4 (within thirty days of the date of the annual general meeting) Rupees 100/- per day would be the late fees.
• In case of delay in filing the belated annual returns/balance sheet/financial statement the following fees is applicable:
• If period of delay is up to 30 days the additional fees would be 2 times of normal filing fees.
• Delay of more than 30 days and up to 6o days the additional fees would be 4 times of normal filing fees.
• Delay of more than 60 days and up to 90 days 6 times of normal filing fees would be the additional fees payable.
• Delay of more than 30 days and up to 180 days 10 times of normal filing fees would be the additional fees payable.
• If the delay is more than 180 days the additional fees payable would be 12 times of normal filing fees.

Penalty for not filing the Form AOC 4 at all

• If a company does not file AOC-4 along with a copy of the financial statements before the due date, the company will be punishable with a fine of one thousand rupees for every day during which the failure continues up to a maximum amount of Rs.10 lakhs. 
• Further, the Managing Director, Directors and the Chief Financial Officer of the company, could be punished with imprisonment for a term which may extend to six months or with fine which will not be less than Rs.1 and upto Rs.5 lakhs.

In case you need to file the annual return for your company. Get in touch for a free consultation on info@ebizfiling.com  or call 9643203209.

From where the form can be downloaded?

The Form MGT 7 can be downloaded from the MCA portal from annual E-filing category.

Documents to be filed in the Form AOC 4

• Financial Statements of a company includes Balance Sheet, Profit and Loss Account, Cash Flow statement (if applicable), statement of changes in equity (if applicable) and any explanatory notes annexed to the financial statements.
• Financial statements along with Board Report must be filed for all companies registered in India (Private Limited Company, One Person Company , Companies formulated under Section 8, etc.) to provide the Shareholders, Government, Stakeholders and the Public a broad financial picture of the affairs of the company during the financial year.

List of documents to be filed with AOC-4

• Copy of financial statements duly authenticated as per section 134 (including Board’s report, auditors’ report and other documents)
• Statement of subsidiaries as per section 129 – Form AOC-1
• Statement of the facts and reasons for not adopting Financial statements in the annual general meeting (AGM)
• Statement of the fact and reasons for not holding the AGM
• Approval letter of extension of financial year or AGM
• Supplementary or test audit report under section 143
• Company CSR policy as per sub-section (4) of section 135
• Details of other entity(s)
• Details of salient features and justification for entering into contracts/Arrangements/transactions with related parties as per Sub-section (1) of section 188 – Form AOC-2
• Details of comments of CAG of India
• Secretarial Audit Report
• Directors’ report as per sub-section (3) of section 134
• Details of remaining CSR activities
• Optional attachment(s), if any.

Certifying Form AOC 4

• A declaration has to be given by the Director /Manager /Secretary /CEO/CFO certifying that all information provided in the form is true and correct and is in compliance with the law. 
• The form has to be digitally signed along with the DIN of the director or PAN of the Manager/CEO/CFO. 
• A full time practising Chartered Accountant/Cost Accountant/ Company Secretary has to provide a declaration stating he/she has verified all the documents attached and he/she certifies all the information to be true, correct and complete. 
• The practising professional has to also state the membership number and the status i.e. fellow or associate.

It is mandatory for all the One Person Companies to file an Annual report in the form AOC 4  and MGT 7. Failing at which might cause you the penalty as per the provisions. 

Know more about the One Person Company Annual Filing.