All about Filing Form AOC-4 for Companies
Introduction
Every company registered under the Companies Act, 2013 is required to file its financial statements with the Registrar of Companies (ROC). This is done through Form AOC-4, which is an essential ROC filing. Filing AOC-4 helps ensure transparency and legal compliance. In this blog, we’ll explain everything you need to know about Form AOC-4, from its purpose to the filing process and due dates.
What is Form AOC-4?
Form AOC-4 is a form that companies in India must file every year with the Registrar of Companies (ROC). It is used to submit the company’s financial statements, like the Balance Sheet, Profit and Loss Account, and other related documents. This form helps the government keep track of a company’s financial health and activities. All companies registered under the Companies Act, 2013, except LLPs, need to file this form. Filing AOC-4 is a part of the company’s annual compliance. If a company fails to file it on time, it may have to pay penalties.
Who has to file Form AOC-4?
- All companies registered under the Companies Act, 2013, including private limited and public limited companies.
- One Person Companies (OPCs) need to file Form AOC-4 (OPC).
- Companies that have prepared consolidated financial statements must file Form AOC-4 CFS.
- Non-banking financial companies (NBFCs) and foreign companies with a place of business in India must also comply by using the relevant form variant.
- Even dormant, inactive, or small companies must file Form AOC-4.
- LLPs do not need to file AOC-4; they follow a different set of compliance forms.
What is the object of filing Form AOC-4?
The main purpose of filing Form AOC-4 is to ensure that the company officially records its financial statements with the Registrar of Companies (ROC). Here’s a simple explanation:
- It helps the government keep a check on the financial health and compliance status of the company.
- It promotes transparency and accountability in business operations.
- It allows shareholders, creditors, and other stakeholders to access the company’s financial information.
- It is a legal requirement under the Companies Act, 2013, and helps maintain proper regulatory records.
- Filing AOC-4 helps ensure that the company adheres to proper accounting standards and financial reporting practices.
What documents are required to File AOC-4 Form?
- Balance Sheet of the company
- Profit and Loss Account (Statement of Income & Expenditure)
- Cash Flow Statement (if applicable)
- Notes to Accounts and significant accounting policies
- Board’s Report
- Auditor’s Report
- Statement of Subsidiaries in Form AOC-1 (if applicable)
- Corporate Social Responsibility (CSR) Report (if applicable)
- Details of Related Party Transactions
- Notice of AGM (Annual General Meeting)
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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:
| Authorized Share Capital | Filing Fees (INR) |
| Less than ₹1,00,000 | ₹200.00 |
| ₹1,00,000 to ₹4,99,999 | ₹300.00 |
| ₹5,00,000 to ₹24,99,999 | ₹400.00 |
| ₹25,00,000 to ₹99,99,999 | ₹500.00 |
| ₹1,00,00,000 or more | ₹600.00 |
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 :
Monthly Compliance for Pvt Ltd Companies
Checklist for Pvt Ltd Company Compliance
FAQ
1. Is Form AOC-4 applicable to LLPs?
No, LLPs are not required to file Form AOC-4. They follow a separate set of compliance forms.
2. Can Form AOC-4 be revised after submission?
No, once you file Form AOC-4, you cannot revise it. You must address any errors by filing a new form with ROC approval.
3. What is the difference between AOC-4 and AOC-4 CFS?
AOC-4 is used for standalone financial statements, while AOC-4 CFS is used for consolidated financial statements of a company.
4. Can a company file AOC-4 before holding its AGM?
Except for OPCs, companies must hold the AGM and approve the financial statements before filing AOC-4.
5. What is Form AOC-1?
You use Form AOC-1 to disclose details of the company’s subsidiaries, associates, or joint ventures, and submit it along with AOC-4 when applicable.
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