Details

Under the Companies Act, 2013, all companies registered in India are required to file certain documents annually with the Registrar of Companies (ROC). These filings ensure legal compliance, transparency, and accountability in the functioning of a company. MADHU KUMAR & CO. helps clients navigate these compliance requirements to avoid penalties and maintain good standing with the Ministry of Corporate Affairs (MCA).

The annual compliance process involves submission of various statutory returns and documents, including financial statements, annual returns, and resolutions passed during the year. Delays or errors in these filings can attract heavy penalties and disqualification of directors.

Key Annual ROC Filings and Requirements:

• Form AOC-4 (Financial Statements)
  Every company is required to file its audited financial statements with the ROC using Form AOC-4 within 30 days of the Annual General Meeting (AGM).

• Form MGT-7 (Annual Return)
  The annual return, filed in Form MGT-7, contains details of shareholders, directors, shareholding pattern, and changes in company structure. It must be filed within 60 days of the AGM.

• Form MGT-7A for Small Companies and OPCs
  For One Person Companies (OPCs) and small companies, a simplified version of the annual return — MGT-7A — is applicable, which reduces compliance burden.

• Form ADT-1 (Auditor Appointment)
  Companies must file Form ADT-1 within 15 days of the AGM to intimate the ROC about the appointment or reappointment of auditors.

• Holding of Annual General Meeting (AGM)
  All companies, except OPCs, are required to hold an AGM within six months from the end of the financial year (and not later than 15 months from the previous AGM).

• Director KYC (DIR-3 KYC)
  Every director who has been allotted a DIN must file DIR-3 KYC annually. Non-compliance leads to deactivation of DIN and a penalty.

• Form DPT-3 (Return of Deposits)
  Companies accepting loans or advances (not treated as deposits) must file Form DPT-3 annually by June 30, disclosing details of outstanding amounts.

• Form MSME-1
  Companies dealing with Micro and Small Enterprises must file half-yearly returns in Form MSME-1 if payments are outstanding beyond 45 days.

Recommendations by MADHU KUMAR & CO.:

• Track due dates regularly to avoid late fees and penalties.

• Maintain updated statutory registers such as Register of Members, Directors, and Charges.

• Ensure timely completion of audit to avoid delays in AOC-4 filing.

• Use professional services to prepare and file correct forms with proper resolutions and attachments.

At MADHU KUMAR & CO., we assist businesses in maintaining full compliance with Company Law requirements, including preparation of ROC forms, holding AGMs, drafting resolutions, and ensuring accurate documentation. By proactively managing your annual compliance, we help safeguard your company’s legal standing and operational continuity.