Form AOC 5 : Purpose, Doucument, Fees, Penalties, Filing Process.

Recent Amendments, 2023

In January 2023, the Ministry of Corporate Affairs (MCA) introduced important amendments to E-Form AOC 5 under the Companies (Accounts) Amendment Rules, 2023. Below are the recent amendments of January 2023, which is applicable from 23rd January, 2023;

• Updated Format of the Form: The authorities have redesigned the structure of E-Form AOC 5 to include more detailed fields, ensuring that companies provide accurate information about the alternate location of their books of accounts.
• Mandatory Address Proof: Companies must now attach valid and recent documentation that confirms the alternate address. This includes rent agreements, lease deeds, or ownership proof, along with rent receipts if applicable.
• Utility Bills Requirement: You must submit a recent utility bill, no older than two months, as additional proof to validate the address.
• Photographic Evidence: Two photographs must be submitted:
  One showing the external view of the premises.
  Another showing the internal view, with at least one director or KMP who has signed the form visibly present in the photograph.
• Geographical Coordinates: Companies must provide the latitude and longitude of the place where they maintain their books, making the location easily traceable.
• Police Station Jurisdiction: For improved traceability and security compliance, it is necessary to reveal the name of the local police station that has jurisdiction over the address.
• Timeline for Filing: The revised rules now mandate that companies file E-Form AOC 5 within 7 days of passing the board resolution authorizing the change in location.

What are the filing fees of E-form AOC 5?

The filing fees are dependent on the company’s nominal share capital. The below table will give you the precise view of the filing fees.

What is the process of filing E-form AOC 5?

• Hold a Board Meeting to pass a resolution for maintaining books of accounts at an address other than the registered office.
• Note down the CIN, registered office address, and the new address where books will be kept.
• Collect geographical coordinates (latitude and longitude) of the new location.
• Identify the police station under whose jurisdiction the new address falls.
• Prepare a certified copy of the Board Resolution authorizing the change.
• Arrange proof of address like a rent agreement, lease deed, or utility bill.
• Take photographs: one external and one internal with an authorized director or KMP present.
• Download and fill E-Form AOC 5 from the MCA portal with accurate details.
• Attach required documents and photos to the form.
• An authorized signatory, such as a Director, CS, CFO, or Manager, must digitally sign the form.
• Get the form certified by a practicing CA, CS, or CMA.
• Log in to the MCA21 portal and upload the completed form.
• Pay the prescribed filing fee based on the company’s authorized capital.
• Save the SRN and acknowledgment for future reference.

What are the Penalties for Non-Compliance of Form AOC 5?

In case of a delay in filing E-Form AOC 5, companies are liable to pay additional fees based on the number of days the form is overdue. The longer the delay, the higher the penalty. The table below outlines the applicable additional fees based on the delay period;

CONCLUSION

E-Form AOC 5 is a mandatory compliance for companies that maintain their financial records at a location other than the registered office. Filing it on time with accurate details helps avoid penalties and ensures legal transparency under the Companies Act, 2013. It reflects good corporate governance and supports smooth audits and inspections. Every company must follow the updated 2023 rules while submitting this form.

Suggested Read :

Form MGT 7

Form AOC 4

LLP Form 8

Form 15 CA

Form 10 BD

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