AOC 5 Form

Form AOC 5 : Purpose, Document, Fees, Penalties, Filing Process Introduction E-form AOC 5 is an important compliance requirement under the Companies Act, 2013 for those companies who maintain their books of account at a location other than their registered office. This form is filed with MCA - Ministry of Corporate Affairs to notify the ROC about the address where the books of account and other relevant financial documents are maintained. By reading following blog, you will get to know the everything about E-form AOC 5. What is form AOC 5? Companies use Form AOC 5, as prescribed by the Companies Act of 2013, to notify the Registrar of Companies (ROC) about the address where they keep their books of accounts and other relevant financial records if it differs from their registered address. The Companies Act's Section 128(1) requires that all businesses keep accurate books of accounts at their registered office. However, the corporation must submit E-Form AOC 5 to the Ministry of Corporate Affairs (MCA) with the information about the other location if it decides to maintain these records somewhere else in India. This filing helps ensure transparency, regulatory compliance, and easy access for inspections or audits conducted by authorities. What is the purpose of E-form AOC 5? The major purpose of E-form AOC 5 is to comply with Companies Act's section 128(1). There are several more reasons why it is important to file E-form AOC 5 which we are mentioning below; To inform ROC: It notifies the Registrar of Companies that the company keeps its books of accounts at a location other than the registered office. Legal compliance: Filing AOC 5 is a legal requirement under Section 128 of the Companies Act, 2013. Ensures transparency: It helps maintain transparency in how and where organizations store financial records. Helps in audits and inspections: Officially declaring the location of financial records makes it easier for auditors and authorities to access them when needed. Avoids penalties: By filing on time, the business can avoid fines or legal issues brought on by non-compliance. Supports good governance: It reflects proper corporate practices and accountability within the organization. What are the filing requirements for E-form AOC 5? The company must maintain the books of accounts at a place other than the registered office. The board must pass a resolution authorizing the maintenance of books at the alternate location. The address of the alternate location must be within India. You must file the documents before shifting the books of accounts to the new location. An authorized signatory, such as a Director or Company Secretary, must digitally sign the form. The form must be certified by a practicing professional like CA, CS, or CMA. What documents are required to file E-form AOC 5? Certified copy of the Board Resolution: Authorizing the company to maintain its books of accounts at a place other than the registered office. Proof of the address: where the books of accounts will be maintained, which can include: Rent agreement (if the premises are rented) Utility bill (electricity, water, etc.) Property tax receipt or ownership documents (if owned) These attachments must be clear, valid, and up-to-date at the time of filing. We provide PVT LTD Annual Filing and LLP Annual Return Filing services, to help ensure timely compliance and minimize the risk of penalties. 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. Nominal Share Capital (INR) Filing Fees (INR) Less than 1,00,000 200 1,00,000 to 4,99,999 300 5,00,000 to 24,99,999 400 25,00,000 to 99,99,999 500 1,00,00,000 or more 600 Company without Nominal Share Capital 200 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; Days for Delay in Filing Penalty Fees Up to 30 days Double the general fees of the form. 31 to 60 days 4 times the general filing fees 61 to 90 days 6 times the general filing fees 91 to 180 days 10 times the general filing fees More than 180 days 12 times the general filing fees 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 FAQ E-Form AOC 5 must be filed on the MCA21 portal of the Ministry of Corporate Affairs.The form should be filed within 7 days from the date of passing the board resolution.You need to submit documents like a rent agreement, utility bill, or property ownership proof along with photos and geo-coordinates.It ensures compliance with Section 128 of the Companies Act and avoids penalties for not informing the ROC.Late filing attracts additional penalties based on the delay duration, ranging from double to twelve times the normal fee.