What if you have not complied with your roc filing within due date?

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If your company is doing business in India, you are required to file certain documents with the Registrar of Companies every year. Failure to comply results in penalties and fines for the directors or the Company. Here we will give you an idea of what are the basics of roc filing for the company and what could be the consequences for non-compliances within the due date.

Basics of roc filing for the company in India

Form AOC-4 – Financial Statements & Other specified Documents

Every company shall mandatorily file its financial statements and other specified details in Form AOC-4 every year. Financial statements shall be filed with roc within 30 days of AGM, If AGM is not held within due date then also Financial statement shall be filed within 30 days of the date on which AGM was supposed to be held. If the company has revised its financial statements then revised statements shall be filed with the registrar through form AOC-4.

Form MGT-7 – Annual Return

During ROC filing for company Form, MGT-7 is filed which contains financial information of the company. Below is included in Form MGT-7 is:

• Details of registered office, principal  activities, holding, subsidiary and associate companies;
• Share, debentures and pattern;
• Indebtedness;
• Members and debenture-holders along with changes in the pattern since the close of the previous financial year;
• Promoters, directors, key managerial personnel along with changes in the pattern since the close of the previous financial year;
• Meetings of members or a class thereof, Board and its various committees along with attendance details;
• Remuneration of Directors and key managerial personnel;
• Penalty or punishment imposed on the company, its Directors or Officers and details of compounding of offenses and appeals made against such penalty or punishment;
• Matters relating to certification of compliances, disclosures as may be prescribed;
• The shareholding pattern of the company; and such other matters as required in the form.

So, What if you have not filed the roc forms as prescribed above by due date. You basically will have to face the interest and late roc filing fees which will double your expenditure of filing from originally what it should have been. If you are thinking that you will shut the company not pay the fine that is not possible. Once you incorporate a company, it becomes mandatory for you to comply with the company laws. You have to follow the procedure of shutting down the company, which is the only way you can get away with the responsibilities under company laws. Therefore it is always best to take advisory of professionals about the compliance that you shall be following after incorporating the company.

Summary: You incorporated a company, it becomes your duty to comply with the law of the company. It is better to be aware beforehand rather than paying late roc filing fees.