4. Annual Compliance Filings MCA Form
Form No. | Purpose | Applicable Entity |
AOC-4 | Filing of financial statements | Companies |
MGT-7 | Annual return filing | Companies |
MGT-7A | Annual return for small companies and OPCs | Small Companies, OPCs |
LLP Form 8 | Statement of Account & Solvency | LLPs |
LLP Form 11 | Annual Return of LLP | LLPs |
FC-3 | Annual accounts and list of places of business in India | Foreign Companies |
5. Resolutions & Share Capital Related Filings MCA Form
Form No. | Purpose | Applicable Entity |
MGT-14 | Filing of resolutions and agreements | Companies |
PAS-3 | Return of allotment of shares | Companies |
SH-7 | Notice of alteration in share capital | Companies |
6. Charges and Debentures MCA Form
Form No. | Purpose | Applicable Entity |
CHG-1 | Creation or modification of charge | Companies |
CHG-4 | Satisfaction of charge | Companies |
CHG-9 | Creation or modification of charge (for debentures) | Companies |
7. Cost Audit
Form No. | Purpose | Applicable Entity |
CRA-2 | Appointment of cost auditor | Companies |
CRA-4 | Filing of cost audit report | Companies |
8. Dormant/Strike-off Filings MCA Form
Form No. | Purpose | Applicable Entity |
MSC-1 | Application for obtaining dormant status | Companies |
MSC-3 | Return of dormant company | Dormant Companies |
STK-2 | Application for striking off the company | Companies |
STK-7 | Notice of striking off by Registrar | Companies |
LLP Form 24 | Application for striking off LLP | LLPs |
9. Foreign Company Filings MCA Form
Form No. | Purpose | Applicable Entity |
FC-1 | Information to be filed by foreign company | Foreign Companies |
FC-2 | Return of alteration in documents filed for registration | Foreign Companies |
FC-3 | Annual accounts and places of business in India | Foreign Companies |
10. LLP Agreements MCA Form
Form No. | Purpose | Applicable Entity |
LLP Form 3 | Information with regard to LLP agreement | LLPs |
11. Miscellaneous Filings MCA Form
Form No. | Purpose | Applicable Entity |
GNL-1 | Application to Registrar for miscellaneous matters | Companies |
GNL-2 | Submission of documents with the Registrar | Companies |
GNL-3 | Intimation of orders of court or tribunal | Companies |
Form ADJ | Memorandum of Appeal | Companies/LLPs |
Form Refund | Application for refund of fees paid | Companies/LLPs |
How to file MCA forms?
- Identify the applicable form based on your compliance requirement.
- Download the required form from the MCA portal.
- Fill in the necessary details and attach relevant documents.
- Validate the form using the ‘Check Form’ feature.
- Attach the Digital Signature Certificate (DSC) of the authorized person.
- Perform a pre-scrutiny check to ensure there are no errors.
- Upload the completed form on the MCA portal.
- Make any required payment online.
- Save the Service Request Number (SRN) as acknowledgment.
- Track the filing status using the SRN on the MCA portal.
What are the benefits of MCA forms filing?
- Stay Legally Compliant: Filing on time helps companies follow the Companies Act, 2013, and avoid legal trouble, penalties, or disqualification of directors.
- Keep the Company Active: Timely filings ensure the company remains active and is not marked as defunct or defaulting, which can disrupt business.
- Build Trust: Companies with good compliance records gain trust from investors, customers, and partners. It shows they follow rules and operate ethically.
- Get Loans and Funding Easily: Banks and investors check filings to understand a company’s finances. Accurate and timely records improve chances of getting funding.
- Avoid Fines and Legal Issues: Missing deadlines can lead to high penalties and legal action. Staying compliant saves money and protects the company’s reputation.
- Maintain Official Records: Filings keep the government updated on the company’s details, proving its legal status when needed.
- Support Business Changes: Good compliance makes it easier to go through mergers, acquisitions, or even company closure with less hassle.
- Boost Shareholder Confidence: Regular, transparent filings show shareholders the company is managed well and their investments are safe.
Consequences of non filing of MCA forms
- Monetary Penalties: If a company doesn’t file MCA forms on time, it must pay daily fines under the Companies Act, 2013. Both the company and its directors are responsible. These fines can grow quickly and affect the company’s finances.
- Extra Filing Fees: Late submissions come with extra fees up to 12 times the normal fee. This raises compliance costs and adds financial pressure.
- Director Disqualification: If a company fails to file annual returns like Form AOC-4 or MGT-7 for three consecutive years, the authorities can ban its directors from managing any company for five years. The MCA portal displays this ban, which can damage their reputation.
- Company Marked as Inactive: If a company doesn’t file required forms for a long time, the Registrar of Companies (ROC) can label it as inactive or defunct. The company then can’t legally do business and may be removed from the official register.
- Legal Action: The MCA and ROC can take legal action against companies and their officers. This can include court cases, notices, and prosecution leading to legal expenses and damage to the company’s image.
- Business Restrictions: Companies that don’t comply can’t apply for loans, government tenders, GST, or import-export codes. Investors and partners may also avoid doing business with them.
Conclusion
Maintaining regulatory compliance with the MCA is not just a legal necessity but a mark of a well managed company. Keeping track of due dates and understanding which forms are applicable is essential. Companies are advised to use professional services or compliance software to manage timely filings and avoid penalties. Staying compliant helps build credibility and trust with investors, stakeholders, and regulatory bodies.
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