Companies to comply mandatory Annual Compliance

 

Companies must now set up for the Annual Compliances. Due date is close and the new Forms available are different and more complex than the old ones.

Consolidated new e- Form for filing of financials viz, AOC-4 has been introduced replacing 23AC, 23ACA.

 

Every company shall prepare annual return in the prescribed form containing the particulars as they stood on the close of the financial year. If Financial of Company started before 01.04.2014 then Annual Statement will file in e-form 23AC, 23ACA for this financial year instead of AOC-4.

 

For Annual Return, MGT-7 has been introduced for the e-form 20B. Further there is no need of Professional Certification in e-form MGT-7 of Small Company and One Person Company.

 

Companies to comply mandatory Annual Compliance:

 

1. AOC-4: E-FORM FOR FINANCIAL STATEMENT

Companies are required to file its Balance Sheet along with statement of profit and Loss account and Auditors Report in this form. The Attachments shall be

• Balance Sheet
• Statement of Profit & Loss account
• Directors’ Report
• Auditors’ Report &
• MGT-9.

 

Further , if any Secretarial Audit Report, Statement of subsidiaries/ Associates/ Joint Ventures as required under section 129 in the format of Form AOC-1 Company CSR policy and Details of salient features and justification for entering into contracts/ arrangements/transactions with related parties as per Sub-section (1) of section 188 ( Form AOC-2).

 

Time period for filing is within 30 days of Holding of Annual General Meeting.

 

Attachments:

• Extract of Annual Return, MGT – 9

Independent Form with numerous details of working details. A check list is prepared to fill. This form shall be an attachment to AOC -4 above. The said form carried a point number II on principle business activity of Company for mentioning NIC code or the product or services. . Details of such codes are provided in the Instruction Kit of MGT-7. Annexure C titled as Business Activity Code List.

 

• If Companies having any Subsidiary/ Associate/ Joint Venture Co – AOC-1

Every company which have any subsidiary/Associate/Joint Venture Company required to attach AOC-1 along with AOC-4.

 

• Information relating to Related Party Transaction- AOC-2

This is a form for Disclosure of particulars of contracts/arrangements entered into by the company with related parties referred to in sub section (1) of section 188 of the Companies Act, 2013 including certain arms length transaction under third proviso thereto.

 

2. MGT-7: E-FORM FOR ANNUAL RETURN

Annual Return will be for the period 1st April to 31st March. The Attachments shall be

• List of shareholders & Debenture Holders and if any
• Approval letter for extension of AGM &
• Copy of MGT-8 (The annual return, filed by a listed company or a company having paid-up share capital of ten crore rupees or more or turnover of fifty crore rupees or more, shall be certified by a Company Secretary in practice and the certificate shall be in Form No. MGT.8.).

 

Every Small Company shall file its Annual Return within 60 days of holding of Annual General Meeting.

 

PENALTIES RELATED TO ANNUAL FILLING:

If the company fails to file its annual return before the expiry of the period specified even with the additional fee, then the Company shall be punishable with a fine which shall not be less than Rs.50,000 but which may extend to Rs. 5,00,000 and every officer of the company who is in default shall be punishable with

• imprisonment for a term which may extend to 6 months or
• with fine which shall not be less than Rs. 50,000/- but which may extend to Rs. 5 Lac, or
• with both

 

DEFAULT IN CERTIFYING ANNUAL RETURN BY THE Practicing Company Secretary

If a company secretary in practice certifies the annual return otherwise than in conformity with the requirements of this section or the rules made there under, he shall be punishable with a fine which shall not be less than Rs. 50,000 but which may extend to Rs. 500,000.

 

In this short span of time, MCA has announced that there shall be no extension of due date for filing. Above this MCA is not working for three days. If this continues, then duly compliance of annual filings shall be a challenging job.

 

Considering the situation and the working of the MCA site, companies should comply the compliances on urgent basis. It shall be an earnest request to the Ministry of Corporate Affairs to not to change the version of all the Forms on regular basis.

For annual compliance, visit: taxmantra

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