ROC Compliance for Private Limited Company
All Companies registered under the Companies Act are required to file returns with the Registrar of Companies (ROC) every year providing information about the appointment of the auditor, financial statements, annual returns, etc.
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ROC Compliance for Private Limited Company
Every Private Limited Company registered with the Ministry of Corporate Affairs (MCA) is required to comply laws under the Companies Act 2013. Accordingly, all companies are mandatorily required to file various e-forms to the regional Registrar of Companies (ROC) every year disclosing information about the appointment of auditor, financial statements, annual returns, board’s report, list of shareholders and directors etc.
A company is required to manage various operations in day-to-day business in line with the complex structure of Company Law, which can be a difficult task. Therefore, it is advisable to carry out ROC Filing of Company under the guidance of a professional for understanding the legal requirements and timely fulfilment of the compliances so as to avoid the penalties and fines.
What is the Due Date of ROC Filing for Private Limited Company?
The due date for filing forms and returns with ROC and MCA are different for each form and returns. Below table shows the illustrative list of applicable due dates on the company.
|Purpose of Form||Due Date|
|Form DPT 3 – Return of Deposits||30th June after the end of financial year|
|Form DIR 3 – KYC of Directors||30th September after the end of financial year|
|Form ADT 1 – Appointment of Directors||Within 15 days from the date of appointment or Annual General Meeting (AGM)*|
|Form AOC 4 – Filing of financial statement and other documents with the ROC||Within 30 days from the date of Annual General Meeting (AGM)*|
|Form MGT 7 or MGT 7A – Filing of annual return with the ROC||Within 60 days from the date of Annual General Meeting (AGM)*|
*A company must hold Annual General Meeting (AGM) within a period of 6 (six) months from the end of the financial year. However, in case of 1st AGM, the company can hold the AGM within 9 (nine) months from the end of the first financial year.
Advantages Of ROC Compliance for Private Limited Company
Consequences of Non-Compliance of ROC Compliance for Private Limited Company
Payment of Additional Fees on Delayed Filings
If the company fails to file the Form AOC-4 or MGT-7 within the required time period, and files the same after the due date, then it shall be liable to pay the additional government fees of 100 per day per form. For other forms, it shall vary from 2 times to 12 times of the normal government fees, depending on the delayed time period.
Penalty on Company for default in filing Annual Return and Financial Statement
If the company fails to file financial statement and annual return in Form AOC-4 and MGT-7 within the required time period, then it shall also be liable to a penalty of Rs. 10,000 which shall extend to Rs. 2 lakhs, with further penalty of Rs. 100 for each day.
Penalty on the Officer who is in default in filing Annual Return and Financial Statement
If the company fails to file financial statement and annual return in Form AOC-4 and MGT-7 within the required time period, then the officer who is in default or the directors shall also be liable to a penalty of Rs. 10,000 which shall extend to Rs. 50,000, with a further penalty of Rs. 100 for each day.
Company liable for Strike Off or Closure by ROC
If the company does not file a financial statement and annual return to the ROC for a period of 2 years and if the ROC believes that the company is not carrying on any business or operation, then it shall send a notice to company/directors and remove its name from the Register of Companies (ROC)
Disqualification of Director
If a Company does not file financial statement and annual return for a continuous period of 3 years, then the Directors of such company shall be disqualified from being appointed as Director in any company for a period of 5 years.
What Is Included in our ROC Compliance for Private Limited Company Package?
Process of ROC Compliance for Private Limited Company
Documents Required in ROC Compliance for Private Limited Company
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