Important Legal Compliance To Run Your Company

- - Resources

When you are own a functional company, you need to comply with the rules and regulation under Companies Act, 2013 and Ministry of Corporate Affairs (MCA) that has established Registrar of Companies (ROC) to check the same.

Registrar of Companies

The Registrar of Companies (ROC) is the body that deals with the administration of the company and Limited liability Partnership (LLP) in India and is established by the Ministry. There are 22 Registrar of Companies holding offices in India. The ROC can inspect every official/unofficial documents of a company, conduct inquiries and can also dissolve a company if they are not fulfilling the compliances required under the Companies Act, 2013.

Every company is required to file various documents like its Auditor’s report, profit and loss account balance sheet, and annual return each financial year with the ROC before the due date to continue working legally.

ROC Filings

You have to file your annual return along with your balance sheet annually.  ROC filing is very easy as you can submit your form online. As a part of Annual e-Filing, Companies incorporated under the Companies Act, 1956 are required to file the following documents with the Registrar of Companies (ROC):

  • Balance-Sheet: Form 23AC to be filed by all Companies
  • Profit & Loss Account: Form 23ACA to be filed by all Companies
  • Annual Return: Form 20B to be filed by Companies having share capital
  • Annual Return: Form 21A to be filed by companies without share capital
  • Compliance Certificate: Form 66 to be filed by Companies having paid up capital of Rs.10 lakh to Rs. 5 crore

The Balance Sheet, Profit & Loss Account and Annual Return are filed as attachments to the respective e-Forms.

Process of e-Filing

  • Visit the MCA Portal at http://www.mca.gov.in/
  • Download the e-form (above mentioned form no.)
  • Fill the e-form
  • Click on the upload e-form button
  • You have to upload your e-form.
  • After uploading of e-form, the system will show you a fee to be paid
  • You can pay your fee online

Annual Compliances

There are various compliances which are required to be fulfilled once your company is incorporated. It is essential to comply to the same so you can run your business legally.

Annual Return – It is mandatory to every private limited company to file the annual return within 60 days of holding of the annual general meeting. To do the same, you need to fill form MGT-7.

Financial Statements – Every private limited company is also required to file their financial statement each year like company’s balance sheet, profit & loss within 30 days of holding of the annual general meeting. To do the same, you need to file your financial statements under Form AOC-4. AOC-4 must be certified by a practicing CA or Company Secretary.

ROC Filing Due Date

For the more details, you can check out details about ROC Filing Due Date

Name of e-form Purpose of e – form Due date of filing Due date for financial year 2017-18
Form MGT- 7 Filing of annual return Within 60 days of holding of annual general meeting 29.11.2018
Form AOC- 4 Filing of financial statements Within 30 days of holding of annual general meeting 30.10.2018
Form ADT-1 Appointment of auditor 15 days from the conclusion of AGM 15.10.2018
Form CRA-4 Filing of cost audit report 30 days from receipt  of cost report 30 days from receipt  of the cost report

Aversion from filling these reports before the due date may lead to the enforcement of fine/penalty charges.

Conclusion:

Crucial for every company to run smooth, the Ministry had put up the ROC filling mandatory for every business firm. The next time you’re filling in the ROC details, now you know where you knew about it from!

Sub-Editor & Content Head at The Startup Journal.