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What is annual compliance for a private limited company?
Annual compliance refers to the mandatory filings and disclosures a private limited company must submit to the Registrar of Companies every financial year under the Companies Act, 2013.
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Which forms are required for annual filing?
The key forms are AOC-4 for filing financial statements and MGT-7/MGT-7A for filing the annual return with details of shareholding and management.
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Who is responsible for ensuring annual compliance?
The company’s directors and the company secretary (if appointed) are responsible for ensuring timely filing of all annual compliance forms.
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Is annual compliance mandatory for all private limited companies?
Yes, every registered private limited company must file annual compliance, even if it has no business transactions or income during the year.
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What is the due date for filing Form AOC-4?
Form AOC-4 must be filed within 30 days from the date of the Annual General Meeting (AGM).
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What is the due date for filing Form MGT-7/MGT-7A?
Form MGT-7/MGT-7A must be filed within 60 days from the date of the AGM.
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When should a company hold its AGM?
Every company must hold its AGM within six months from the end of the financial year, i.e., by 30th September every year.
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What happens if a company misses the annual filing deadline?
If a company misses the deadline, it will be charged a penalty of ₹100 per day per form until the forms are filed.
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Can a newly incorporated company skip annual filing?
No, even a newly incorporated company must file its first annual return after completing its first financial year.
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What are the penalties for non-filing of annual returns?
Non-filing may lead to penalties, additional fees, and disqualification of directors under Section 164(2) of the Companies Act.
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Can I file annual compliance forms without a Chartered Accountant?
No, financial statements and annual filings must be certified by a Chartered Accountant before submission to the ROC.
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What documents are required for annual filing?
The main documents include audited financial statements, board report, auditor’s report, and meeting minutes.
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Is it necessary to file income tax returns separately?
Yes, filing income tax returns is separate from ROC compliance and must be done annually under the Income Tax Act.
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Can a company file annual returns after the due date?
Yes, delayed filing is allowed, but additional government fees of ₹100 per day per form apply until the filing is completed.
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What is the purpose of filing annual returns?
The purpose is to disclose the company’s financial status, shareholding structure, and management details to the government for transparency.
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Are dormant companies required to file annual compliance?
Yes, even dormant or inactive companies must file annual returns to maintain their active legal status.
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Can a private company file its annual return online?
Yes, all annual filings, including AOC-4 and MGT-7/MGT-7A, must be submitted online through the MCA portal using digital signatures.
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What are the benefits of timely annual compliance?
Timely filing avoids penalties, enhances credibility, maintains active company status, and ensures eligibility for business opportunities.
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How does Ebizfiling assist in annual compliance?
Ebizfiling prepares, verifies, and files all required forms, coordinates with auditors, sends reminders, and ensures on-time submission to the MCA.
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Can directors be disqualified for missing annual compliance?
Yes, directors can be disqualified from holding office in any company for up to five years if annual filings are not completed for three consecutive years.