In the world of corporate compliance in India, adhering to the Companies Act 2013 is paramount for all registered companies and associations. The act mandates that every entity submits its audited annual financial results and various other documents to the Registrar of Companies (ROC). In this article, we’ll delve into the essential details you need to know about the due date for annual filing under the Companies Act in 2023.
Documents to be Submitted
A public company, Private company, One person company, or Small company, all of them shall submit the following duly signed documents –
Annual return: MGT 7 and MGT 7A to be filed by companies
Audited Profit and Loss account and Balance Sheets: Form AOC-4 is to be filed while ROC filing by all companies
Audited Cash Flow statements: Form AOC-4 is to be filed while ROC filing by all companies
Audit Report: Form AOC-4 is to be filed while ROC filing by all companies
Board file resolutions of board meetings and the adoption of annual accounts: MGT-14
Appointment of Auditor: Form ADT 1 is to be filed while ROC filing by all companies
Cost Audit report: Form CRA-4 is to be filed while ROC filing by respective companies
Secretarial Audit Report: MGT -8 is to be filed while ROC filing by respective companies
Last Date of Submission
ADT-1: FORM ADT 1 shall be submitted within 15 days after the Annual General Meeting (AGM) is completed. For AGMs held on 30th September 2023, Due by 14th October 2023.
AOC-4, AOC-4 XBRL & FORM AOC-4 CFS :
For One Person Companies (OPCs), within 180 days from the closure of the financial year: Due by 27th September 2023.
For other companies – FORM AOC 4/AOC 4 XBRL & AOC-4 CFS shall be submitted within 30 days of the conclusion of the AGM: Due by 29th October 2023.
MGT-14: This form must be filed within 30 days from the date of the board meeting or within 30 days of passing the board resolution.
FORM MGT-7/MGT-7A: FORM MGT-7/MGT-7A shall be submitted within 60 days from the conclusion of the AGM. For AGMs held on 30th September 2023, Due by 28th November 2023.
MGT-8: This is applicable to the companies whose paid-up capital is INR 10 crores (or more) and turnover is INR 50 crores (or more). The same is to be attached along with Form MGT 7, Due by 28 November 2023.
FORM CRA-4: FORM CRA-4 shall be submitted within 30 days from the receipt of the report.
Penalties and Additional Fees
Compliance with filing ROC annual returns for FY 2023-24 deadlines is not to be taken lightly. Failure to file forms within the specified due dates can result in penalties and additional fees. The additional fees for E-form AOC-4 (XBRL and Non-XBRL) and E-form MGT-7 after the due date is Rs. 100 per day, effective from July 1, 2018.
For other forms, the penalties are as follows:
Up to 30 days: 2 times of normal fees
More than 30 days and up to 60 days: 4 times of normal fees
More than 60 days and up to 90 days: 6 times of normal fees
More than 90 days and up to 180 days: 10 times of normal fees
More than 180 days and up to 270 days: 12 times of normal fees.
Conclusion: Compliance with annual filing requirements under the Companies Act 2013 is crucial for all registered entities. Knowing the due dates, required documents, and potential penalties is vital to ensure a smooth and legally sound operation. Companies should prioritize these deadlines to avoid unnecessary financial burdens and legal complications.