CS POOJA AGRAWAL
ANNUAL FILING WITH ROC BY COMPANIES REGISTERED IN INDIA.
Companies registered under Company act, 2013 or earlier are bound to comply with Act and various rules made there under, Private Limited Companies registered under India are required to furnish various forms and information to designated Registrar of Companies in electronic mode .
Every company require to file annual return and financial statement every year, apart from MCA Compliance companies are required to file Income Tax Return yearly. Non compliance of annual returns and ITR can attract penalties, fines and disqualification of directors, Recently Govt disqualified huge number of directors for non filing of Annual returns and financial statements, To avoid penalties it is necessary to file all required forms, documents and information in prescribed manner.
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LIST OF FORMS FOR ANNUAL FILING TO ROC
1. ADT-1 ( for appointment of auditors)
2. AOC-4 (balance sheet and p&l)
3. MGT-7 ( Annual Return)
FORM ADT-1 (FOR APPOINTMENT OR REAPPOINTMENT IN AGM)
E-Form ADT-1 is required to be filed pursuant to Section 139 and 140 of the Companies Act, 2013 and pursuant to rule 4(2) of the Companies (Audit and Auditors) Rules, 2014.
TIME LIMIT: Within 15 days from the date of AGM in which the auditor was appointed
1. CTC OF Resolution passed in AGM on the letterhead of the company;
2. Appointment letter of the auditor on the letterhead of the company; (Dated on or after the date of AGM)
3. Consent for Appointment as Auditor and Certificate of Eligibility on the letterhead of the Firm. (Dated on or before the date of Board Meeting for consideration of appointment of the Auditor)
E-Form AOC-4 is required to be filed Pursuant to section 137 of the Companies Act, 2013 read with sub-rule (1) of Rule 12 of Companies (Accounts) Rules, 2014.
TIME LIMIT: Within 30 days from the date of AGM in which audited financial statements and board report of the company was adopted.
1. Audit Report, Balance Sheet, P&L, Cash Flow (If Applicable), Notes To Accounts, Significant Accounting Policies
2. Notice Of AGM (Including Notes And Map), Directors Report, AOC-2, MGT-9
3. CSR Policy as per section 134(5) if applicable
4. Secretarial Audit Report, if applicable
5. Details of remaining CSR activities, If Applicable
Form MGT-7 is required to be filed Pursuant to Section 92(1) of the Companies Act, 2013 and rule 11(1) of the Companies (Management and Administration) Rules, 2014
TIME LIMIT: Within 60 days from the conclusion of the AGM for the financial year ended.
1. List of shareholders and debenture holders
2. List of share transfer, debenture transfer
3. Approval letter for extension of AGM, if any
4. Copy of MGT- 8 (paid up share capital of ten Cr. rupees or more or turnover of fifty Cr. rupees or more)
CHECK FOR THE FOLLOWING APPLICABILITIES.....???
1. CASH FLOW STATEMENT (Section 2(40) of the Companies Act, 2013)
Financial statements, with respect to OPC, Small Company and Dormant Company, may not include Cash Flow Statement. Thus Cash Flow Statement are required in following list of companies:
1. Public Companies
2. Private Companies having
a) Paid up capital Rs. 50 Lac or more
b) Turnover more than Rs. 2 Cr.
2. CONSOLIDATED FINANCIAL STATEMENT : (Section 129(3) of Companies Act, 2013) IF APPLICABLE- FILE FORM AOC-4(CFS)
· Where a company has one or more subsidiaries or associate companies,
· it shall, in addition to financial statements provided under section 129 (2),
· prepare a consolidated financial statement of the company and of all the subsidiaries and associate companies
· in the same form and manner as that of its own
· and in accordance with applicable accounting standards,
· which shall also be laid before the annual general meeting of the company along with the laying of its financial statement under section 129 (2)
3. SECRETARIAL AUDIT (section 204 of the Companies Act, 2013 read with Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014)
1. Every listed company
2. Every public company having a paid-up share capital of Fifty Crore rupees or more; or
3. Every public company having a turnover of Two Hundred Fifty Crore rupees or more.
4. Corporate Social Responsibility ( Section 135 of Companies Act, 2013 read with Companies (Corporate Social Responsibility Policy) Rules, 2014)
Every company having
1. Net worth of rupees five hundred crore or more, or
2. Turnover of rupees one thousand crore or more or
3. A net profit of rupees five crore or more during
The immediately preceding financial year
5. CARO (section 143(11) of Companies Act, 2013 read with companies (Auditor’s report) Order, 2016 )
CARO 2016 applicable on following companies (Except OPC, Small Companies, Banking Companies, Insurance Companies & Section 8 Companies)
1. Public Companies
2. Private companies having
a) Paid Up Capital and reserve + surplus more than 1 crore
b) Total borrowing from bank & financial institution is more than 1 crore
c) Total Revenue Exceeds Rs. 10 Crore
6. XBRL FILING (section 137 of the Companies Act, 2013 read with sub-rule (1) of Rule 12 of Companies (Accounts) Rules, 2014)- File Form AOC-4 (XBRL)
a. Listed Companies in India including their Indian Subsidiaries
b. Companies having Paid up capital of 5 Cr Rs. or More
c. Companies having turnover of 100 Cr. Rs. or more
d. All Companies which are required to prepare their Financial Statements in accordance with Companies (Indian Accounting Standards) Rules, 2015
2. Check applicability of section 139(2) of the companies act 2013
Applicability of section 139(2)
A. Listed companies
B. Following classes of company excluding OPC and Small Company
a. All Unlisted Public Companies having paid up share capital of rupees ten crore or more;
b. All Private Limited Companies having paid up share capital of rupees fifty crore or more;
c. All Companies having paid up share capital of below threshold limit mentioned in (a) and (b) above, but having public borrowings from financial institutions, banks or public deposits of rupees fifty crores or more.
3. Check whether joint auditors have been appointed
4. Date of authorization by board of directors for filing the e-form and signatory details
5. Following auditor details will be required
A. Category of auditor ( individual or auditor firm)
B. Name of auditor/auditor firm
C. PAN of auditor/auditor firm
D. Membership no. Of auditor/ FRN of auditor firm
E. Address with pin code
F. Email id of auditor
G. Check whether the appointment of auditor is within the limits of twenty companies as specified in sub section 3(g) of section 141
H. Appointment period and years
I. Name and membership no. of member signing for the above firm
J. Tenure of previous appointments of the auditor or auditor's firm
K. SRN of relevant ADT-1
6. Details of Share capital raised during the reporting period and the mode of raising
7. Details of Deposits, Debentures, interest, secured and unsecured inter corporate borrowings
8. Details related to principal products or services of the company (Total number of product/services Category) (NPCS Code and turnover, Main Activity Group Code, Business Activity Code, NIC Code )
9. Date Of Incorporation
10. PAN of the company
11. Contact no. of the company
12. Particulars Of Holding, Subsidiary, Joint Ventures And Associate Companies
13. Number Of Promoters, Members, Debenture Holders
14. Shareholding Pattern at the beginning and at the end Including Changes During The Reporting Period
15. Composition and Meetings of Board committees including attendance details of the meeting.
16. Details of directors and KMP and changes in composition during the year and between end of financial year and Reporting Period their attendance in Board Meetings and Committee Meetings
17. Details of meeting (Board Meetings, Committee Meetings, General Meetings including Extraordinary General Meetings) held in the reporting period and attendance details of the meetings.
19. Remuneration Of Directors And Key Managerial Personnel
20. Penalties / Punishment/ Compounding Of Offences
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