Annual Filing & Annual Return

Annual Filing & Annual Return must be filed with the Ministry of Corporate Affairs (MCA) by all the registered companies under the Companies Act, 2013. The provisions of the act state that the filing must be filed within thirty days and sixty days from the conclusion of the annual general meeting (AGM) of the company. The annual return filing is the submission of audited financial statements with board reports to the registrar of companies. Annual return is filed yearly with details of registered office, shareholding pattern, business activities, particulars of holding and subsidiary, details of directors, key managerial personnel, members and directors’ meetings, other disclosures, etc.

Process of Annual Filing Under Companies Act, 2013

As per section 137 of the Companies Act, 2013, every company shall file audited financial statements in Form AOC-4 within 30 days of the annual general meeting (AGM). The procedure of Annual Filing & Annual Return is given the followings steps:

1. Holding Board Meetings

   • A notice is sent to all the directors for passing the board resolution for authorizing an auditor for preparing the financial statements according to the Schedule III of the Companies Act, 2013.
   • For authorizing a director or company secretary for preparing a board report and return as per the Companies Act, 2013.

2. Holding Board Meetings for Approval of the annual filing of company with draft Financial Statements, Board Report and Return by the Directors of the Company.

3. Convene an Annual General Meeting and Passing Resolution with the Approval of the Members of the Company.

Type of Form AOC-4 Filing

The company must file the ROC Filing forms list with the financial statements in Form AOC-4 as given below:

1. Form AOC-4

Form Filed for Financial Statements with other attachments to the registrar

2. Form AOC-4 XBRL

Form Filed for XBRL documents with Financial Statements with other attachments to the registrar. The listed companies and Indian subsidiaries and companies having a capital of five crores or more and turnover of a hundred crores or more are required to submit their annual filing form in XBRL mandatorily.

3. Form AOC-4 CFS

Form Filed for consolidated Financial Statements with other attachments to the registrar.

4. Form AOC-4 NBFC

Form Filed for Financial Statements for NBFCs with other attachments to the registrar.

5. Form AOC-4 CFS NBFC

Form Filed for consolidated Financial Statements for NBFCs with other attachments to the registrar.

Details Filled in Form AOC-4

The basic details of the company like the Company identification number and entering the financial year with the start and end date of the financial year.

The date of the annual general meeting and signing of the auditor’s report and board report by the board of directors of the company. Enter the auditor’s details like a membership number.

1. Details and Information for Balance Sheet
2. Details and Information for Profit and Loss Account
3. Reporting of Corporate Social Responsibility
4. Disclosure of Related Party Transactions
5. Auditor’s Report
6. Miscellaneous

Annual Filing Documents with Form AOC-4

The financial statements and board report are required for Annual Filing & Annual Return including the following documents:

• Balance sheet on the last date of the year
• Profit and loss Account
• Auditor Report
• Board Report
• Statement of Cash Flow
• Statement of Changes in Equity
• Statement of Subsidiaries in the Format AOC-1 in the Companies (Accounts) Rules, 2014.
• Directors Responsibility Statement
• Number of meetings of the board
• Details in respect of frauds observed by auditors under the relevant section of the act.
• Written declaration provided by independent directors
• Director’s appointment and remuneration
• Explanations given by the board for qualification, any reservation, or any adverse remark. The MCA annual filing due date is within thirty days of the annual general meeting.
• Corporate Social Responsibility Report, if applicable.

Signing of Financial Statement and Form AOC-4

The financial and consolidated financial statements approved by the board of directors were authorized by the board.

The board report must be signed by the chairperson of the company if authorized by the board and in case not authorized, then signed by at least two directors of the company, one of them must be a managing director.

There shall be a declaration by the full-time practicing chartered accountant or company secretary or cost accountant assuring and examining the information is correct. The professional assigns the membership number with a status such as an associate or fellow member of the respective Institute.

Due Dates for Filing AOC-4 for 2021-2022

The company annual filing due date for AOC-4 with MCA for the financial year 2021-22 is 29th October 2022 or within 30 days from the annual general meeting. In the case of a one-person company, the form is filed within 180 days from the end of the financial year.

In case of unadopted financial statements then they shall be filed within 30 days from date of the annual general meeting and shall be taken in the record as provisional until the financial statements are filed after they are adopted in the adjourned annual general meeting.

In case the annual general meeting of a company has not been held then it shall be filed within 30 days of the last date before the AGM has been held. The MCA extension of annual filing 2022 for the due date of filing without late fees up to 29th October 2022.

Form AOC-4 Filing Fees

The following are the fees provided in the Companies (Registration offices and Fees) Rules, 2014, in the case of a company with a share capital:

• In case the nominal capital is less than 1,00,000 then the fee applicable is Rs. 200
• In case the nominal capital is between 1,00,000 to 4,99,999 then the fee applicable is Rs. 300
• In case the nominal capital is between 5,00,000 to 24,99,999 then the fee applicable is Rs. 400
• In case the nominal capital is between 25,00,000 to 99,99,999 then the fee applicable is Rs. 500
• In case the nominal capital is more than 1,00,00,000 then the fee applicable is Rs. 600
• In the case of a company without share capital then the nominal fee applicable is Rs. 200.

Penalty in case of Non-Filing

When a company is unable to file a copy of financial statements before the expiry of the period where it is liable to a penalty of 1000 for every day till the continuing failure and highest to Rs. 10 lakhs. The annual filing of the company due date 2022 is 29th October 2022.

When the defaulting party is the managing director or CEO then Rs. 1 lakh and Rs. 100 for every day if the failure continues and highest to Rs. 5 lakhs.

• The registered address of the office with the principal activities of the business.
• Particulars of holding, subsidiary companies and associates.
• Particulars of shares, debentures and securities with a shareholding pattern of its members.
• Members and Debenture-holders with changes if any made before the closing of the financial year
• Promoters, Directors, Key Managerial Personnel and any changes made before the closing of the financial year
• Meeting of Members or Class of Members, Board Meetings, Committees meetings with attendance list.
• Remuneration is given to the Directors and Key Managerial personnel
• Penalty for annual return company or Punishment on the company with directors or officers and compounding details and appeals done against the penalty
• Certification of Compliances and disclosures as given.
• Other matters if any.

1. Basic Details

   • CIN number of the company
   • Name of the company
   • Date of incorporation
   • Type of company or category of company or sub-category of company
   • Company with share capital
   • The financial year with the date
   • The financial year with the date

2. Principal Business Activity

   • Activity Code
   • Description of Main Activity
   • Business Activity Code
   • Description of Business Activity
   • Turnover percentage of the company

3. Holding Particulars with Annual Filing & Annual return MCA

   • Name of the company
   • CIN or FCRN
   • Holding or Subsidiaries or Associate company
   • Shareholding percentage

4. Share capital, Debentures and other securities

5. Debentures and Securities

6. Turnover and Net-Worth

7. Details of Directors

   • Composition of Board
   • Details of Directors and Key managerial personnel

8. Meeting of Members, Class of Members, Board meetings, Committee meetings

   • Members and class
   • Board Meeting
   • Committee Meetings

9. Remuneration of the Directors and KMPs

10. Certification of Compliances and Disclosures

11. Penalty and Punishments

    • Details of the Penalties on company and directors
    • Details of compounding of offenses

12. Shareholders list

13. Compliance with relevant sub-section

14. Declaration by the Director of the company and by the Professional.

Attachments with Annual Return Form MGT-7

The scanned copies of the following documents are required to be attached to the form:

• A list of shareholders with any change in the shareholding pattern with the date of change is mentioned in the list.
• MGT-8 Copy (if required)
• Approval letter for augmentation of AGM.
• Profit and Loss Statements and the balance sheet of the company as of the end of the financial year are in the optional attachment.

Due Date of Filing MGT-7

The company must file Form MGT-7 within sixty days of the annual general meeting. The last date for filing Form MGT-7 for the financial year 2022-2023 is 29th November 2023.

Annual Return Calculator

The following are the fees provided in the Companies (Registration offices and Fees) Rules, 2014, in the case of a company with a share capital:

• In case the nominal capital is less than 1,00,000 then the fee applicable is Rs. 200
• In case the nominal capital is between 1,00,000 to 4,99,999 then the fee applicable is Rs. 300
• In case the nominal capital is between 5,00,000 to 24,99,999 then the fee applicable is Rs. 400
• In case the nominal capital is between 25,00,000 to 99,99,999 then the fee applicable is Rs. 500.
• In case the nominal capital is more than 1,00,00,000 then the fee applicable is Rs. 600
• In the case of a company without share capital then the nominal fee applicable is Rs. 200.

Penalty for Non-Filing of MGT-7

In case of filing after the due date then a company is required to pay an additional fee with a penalty of hundred rupees per day.

Return on Investment

The return on investment and evaluating the investment as per financial goals and tolerance of risk. The stocks annual return calculation with help of the formula of ROI = Net Profit / Cost of Investment * 100. You are the investor, the return on investment shows that profit is made from investments. When you have invested in mutual funds then the return on investment indicates gain from the mutual funds.