Annual ROC Filing: AOC-4, MGT-7, XBRL & LLP Forms
In the dynamic world of corporate compliance, staying updated with the latest filing requirements is crucial for businesses. In India, companies registered under the Companies Act, 2013 must adhere to various annual filing norms, including the submission of forms like AOC-4, AOC-4 XBRL, MGT-7, MGT-7A and Forms 8 & 11 in case of LLPs.
In this blog, we'll break down these essential forms, their purpose, filing procedures, and key deadlines to help you stay compliant with ease.
WHAT IS AOC-4?
AOC-4 is a crucial form filed with the Registrar of Companies (ROC) to submit the financial statements of a company. This includes the balance sheet, profit and loss account, cash flow statement, and other related documents. In case of consolidated financial statements (CFS), the company shall file the AOC 4 CFS.
LEGAL PROVISIONS PERTAINING AOC-4
- Section 137 of the Companies Act, 2013 Mandates companies to file their financial statements with the Registrar of Companies (ROC) within 30 days of The Annual General Meeting (AGM) in Form AOC-4.
- Rule 12 of the Companies (Accounts) Rules, 2014 specifies the filing of financial statements fees to be paid by the Companies.
- Section 99 of the Companies Act, 2013 provides for punishment when the company defaults in holding the AGM.
Ø PURPOSE OF AOC-4
- Filing Financial Statements: Companies must file their audited financial statements annually.
- Maintaining Transparency: Ensures that the company’s financial health is transparent to regulators, stakeholders, and the public.
- Legal Compliance: Failure to file can lead to penalties under the Companies Act, 2013.
Ø WHO HAS TO FILE AOC-4
- Every company incorporated under the Companies Act, 2013.
- Every Non-Banking Financial Company (NBFC) is required to comply with the Indian Accounting Standards (Ind AS)
- Companies listed with any stock exchange
Ø KEY DOCUMENTS REQUIRED FOR AOC-4
- Audited Financial Statements (Balance Sheet, Profit & Loss Account, etc.)
- Directors’ Report
- Auditor’s Report
- Annual General Meeting (AGM) Financial Statements (if applicable)
Ø FILING PROCESS
- Prepare Financial Statements: Ensure they are audited and approved by the board.
- Hold Board Meeting: Pass the necessary resolutions.
- File with ROC: Submit the AOC-4 form online through the MCA portal.
Ø FILING DEADLINE
- Within 30 days of the conclusion of the Annual General Meeting (AGM)
- If AGM is not held: Within 30 days from the due date of AGM
WHAT IS FORM AOC-4 XBRL?
The concept for XBRL was introduced by the Ministry of Corporate affairs (MCA) vide The Companies (Filing of documents and forms in Extensible Business Reporting Language) Rules, 2011. XBRL is short for ‘Extensible Business Reporting Language’, it is a standardized language for communication in electronic form to report or file financial information by specific companies being:
- Listed Companies and their subsidiaries
- Companies with paid up capital of ₹5 crore rupees or more.
- Companies with turnover of ₹100 crore or more.
- Companies required to prepare financial statements in accordance with Companies (Indian Accounting Standard) Rules, 2015.
COMPANIES EXCLUDED FROM FILING:
- Non-banking financial companies
- Housing finance companies
- Companies engaged in the business of banking and insurance sector
TAXONOMYThis is an electronic dictionary of all cost accounting concepts that may be used by a company to prepare and present its Cost Audit and Compliance Report to MCA in XBRL.
PENALTY FOR NON-COMPLIANCE
FOR COMPANY:10,000 + 100 per day the default continues (Maximum up to 2 Lakh)FOR OFFICERS IN DEFAULT: 10,000 + 100 per day the default continues (Maximum up to 50,000)
WHAT IS FORM MGT-7?
Form MGT-7 is an annual return that every company registered under the Companies Act, 2013 (except some exemptions like OPCs and small companies which now file MGT-7A) must file with the Registrar of Companies (ROC).
It provides a snapshot of the company’s key details as on the close of the financial year — including shareholding, directorship, and other company particulars.
Ø PURPOSE OF FORM MGT-7
- Shareholder Information: Provides details of the company’s shareholding pattern.
- Director Details: Lists information about directors and key managerial personnel.
- Legal Requirement: Mandatory under Section 99 of the Companies Act, 2013.
LEGAL PROVISIONS PERTAINING MGT-7
- Section 92 of the Companies Act, 2013 mandates companies to file an annual return with the Registrar of Companies (ROC) in Form MGT-7.
- Rule 11 of the Companies (Management and Administration) Rules, 2014 prescribes the form and manner of filing the annual return (i.e., Form MGT-7 or MGT-7A).
Ø KEY DETAILS IN FORM MGT-7
- Company Details: CIN, name, registered office, etc.
- Principal Business Activities
- Share Capital Structure: Authorized, issued, subscribed, and paid-up capital
- Shareholding Pattern: List of shareholders and changes during the year
- Details of Directors and Key Managerial Personnel (KMP)
- Debentures and Other Securities
- Changes in Directorship or Capital during the financial year
- Compliance Certification (if required)
Ø FILING PROCESS
- Gather Information: Collect details about shareholders, directors, and share capital.
- Fill the Form: Use the MCA portal to fill out Form MGT-7.
- Attach Supporting Documents: Include the necessary attachments like the shareholder list.
- E-File the Form: Submit the form electronically with the applicable fee.
Ø FILING DEADLINE
- Must be filed within 60 days from the conclusion of AGM, i.e., 29th November of every year.
- (Since the due date for regulating the annual general meeting is before or on 30th September following the close of every financial year.)
PENALTY FOR NON-COMPLIANCE
FOR COMPANY₹50,000 + ₹100 per day the default continues (Maximum up to ₹5 Lakh)FOR OFFICERS IN DEFAULT
₹50,000 + ₹100 per day the default continues (Maximum up to ₹1 Lakh)
The Companies (Accounts) Amendment Rules, 2020, dated 30th January, 2020, inserted the provision wherein Non-Banking Financial Company (NBFC) adhering to Indian Accounting Standards (Ind AS) are required to file Form AOC-4 NBFC with the ROC.
WHAT IS FORM MGT-7A?
Form MGT-7A is an annual return form for One Person Companies (OPCs) and Small Companies, replacing the traditional MGT-7. It is used to file the company’s annual return with the MCA.
Rule 11 of the Companies (Management & Administration) Rules, 2014 states that every OPC and Small company must file their annual return from financial year 2020-2021 onwards with the ROC in Form MGT-7A.
WHAT IS A SMALL COMPANY?
As per the Companies (Specification of Definitions Details) Amendment Rules, 2022, Section 2(85) of the Companies Act, 2013 prescribes the criteria for a small company as that having:
- Paid-up capital not exceeding ₹4 crores or such higher amount specified to not exceed ₹10 crores
- Turnover of the company not exceeding ₹40 crores or such higher amount specified to not exceed ₹100 crores
WHAT ARE FORMS 8 & 11 FOR LLP ANNUAL FILING?
For Limited Liability Partnerships (LLPs), there are two important forms that need to be filed annually: Form 8 and Form 11. These forms are part of the LLP Annual Filing that helps keep the legal standing of the entity intact.
Ø FORM 8- STATEMENT OF ACCOUNT AND SOLVENCY FOR LLPs
It is mandatory filing that Limited Liability Partnerships (LLPs) need to submit annually to the MCA in order to declare their financial position. (Unless they have been specifically exempted by the MCA)
It must be filed within 30 days from the end of 6 months of the financial year, i.e., by October 30th of every year
Details Required while filing Form 8:
- LLP Name and LLPIN
- Financial statements including fixed assets, liabilities , income and expenditure
- Details of any charge on assets
- Solvency declaration by designated partners
Ø FORM 11- ANNUAL RETURN OF LLP
It is the annual return for an LLP, providing details about the LLP’s Partners, business activities, and other important details.
All LLP’s MUST file Form 11 within 60 days from the end of the financial year, i.e., May 30th.
Details required while filing form 11:
- Details of the LLP, designated partners
- Declaration about contribution/sums received by all partners of the LLP
- Details of notices received towards penalties imposed/ compounded offences committed during the financial year.
PENALTY FOR NON-COMPLIANCE
As per Section 35(2) of the Limited Liability Partnership Act, 2008, ₹100 each day for which the failure continues, which shall not exceed ₹1 Lakh in case of LLP and ₹50,000 for Designated Partners.
QUICK FEE CALCULATION:
Visit MCA Portal → MCA Services → Fee & Payment Services → Enquire Fees(Fill in the details: Type of Form, Purpose, CIN & Date of event)Select ‘Calculate Fee’
KEY TAKEAWAYS
Filing AOC-4, AOC-4 XBRL, MGT-7, MGT-7A and Forms 8 & 11 for LLP’s is a critical part of annual compliance in India. These forms ensure transparency, maintain corporate governance, and keep your company aligned with the legal framework under the Companies Act, 2013.
Company’s Annual Return is mandatory for every company, whether public or private, to file with the Registrar of Companies (ROC). This annual filing includes essential documents related to financial statements, shareholding patterns, directors’ details, registered office address, debt information, and more. It also discloses changes in directorship, shareholding structure, and details of securities transfers, reflecting the company’s overall financial health and management structure.
At TaxOSmart, we simplify this process with our comprehensive package, which includes:
- Preparation of E-Form AOC-4 and MGT-7
- Documentation support
- Filing expenses with the ROC
Ensure timely and hassle-free compliance with TaxOSmart—your trusted partner in corporate governance.
DISCLAIMER
The information contained in this document is prepared by R.J. Soni & Associates and Taxosmart LLP (hereinafter referred to as RJSA) for information purpose only. It does not constitute any legal advice or tax advice. In no way, this document should be treated as a marketing material or efforts to solicit a client. While we have made every attempt to ensure that the information contained in this document is true, RJSA, its partners and/or any of its employees make no claims / guarantee about its accuracy, completeness, or up-to-date character, or warranty, express or implied, including the warranty of opinions expressed for a particular purpose, or assume any liability or responsibility for the accuracy, completeness, or usefulness of any information available from this document.
LEGAL PROVISIONS PERTAINING AOC-4
- Section 137 of the Companies Act, 2013 Mandates companies to file their financial statements with the Registrar of Companies (ROC) within 30 days of The Annual General Meeting (AGM) in Form AOC-4.
- Rule 12 of the Companies (Accounts) Rules, 2014 specifies the filing of financial statements fees to be paid by the Companies.
- Section 99 of the Companies Act, 2013 provides for punishment when the company defaults in holding the AGM.
- Filing Financial Statements: Companies must file their audited financial statements annually.
- Maintaining Transparency: Ensures that the company’s financial health is transparent to regulators, stakeholders, and the public.
- Legal Compliance: Failure to file can lead to penalties under the Companies Act, 2013.
- Every company incorporated under the Companies Act, 2013.
- Every Non-Banking Financial Company (NBFC) is required to comply with the Indian Accounting Standards (Ind AS)
- Companies listed with any stock exchange
- Audited Financial Statements (Balance Sheet, Profit & Loss Account, etc.)
- Directors’ Report
- Auditor’s Report
- Annual General Meeting (AGM) Financial Statements (if applicable)
- Prepare Financial Statements: Ensure they are audited and approved by the board.
- Hold Board Meeting: Pass the necessary resolutions.
- File with ROC: Submit the AOC-4 form online through the MCA portal.
- Within 30 days of the conclusion of the Annual General Meeting (AGM)
- If AGM is not held: Within 30 days from the due date of AGM
- Listed Companies and their subsidiaries
- Companies with paid up capital of ₹5 crore rupees or more.
- Companies with turnover of ₹100 crore or more.
- Companies required to prepare financial statements in accordance with Companies (Indian Accounting Standard) Rules, 2015.
- Non-banking financial companies
- Housing finance companies
- Companies engaged in the business of banking and insurance sector
TAXONOMY
This is an electronic dictionary of all cost accounting concepts that may be used by a company to prepare and present its Cost Audit and Compliance Report to MCA in XBRL.
PENALTY FOR NON-COMPLIANCE
FOR COMPANY:
10,000 + 100 per day the default continues (Maximum up to 2 Lakh)
FOR OFFICERS IN DEFAULT:
10,000 + 100 per day the default continues (Maximum up to 50,000)
- Shareholder Information: Provides details of the company’s shareholding pattern.
- Director Details: Lists information about directors and key managerial personnel.
- Legal Requirement: Mandatory under Section 99 of the Companies Act, 2013.
LEGAL PROVISIONS PERTAINING MGT-7
- Section 92 of the Companies Act, 2013 mandates companies to file an annual return with the Registrar of Companies (ROC) in Form MGT-7.
- Rule 11 of the Companies (Management and Administration) Rules, 2014 prescribes the form and manner of filing the annual return (i.e., Form MGT-7 or MGT-7A).
- Company Details: CIN, name, registered office, etc.
- Principal Business Activities
- Share Capital Structure: Authorized, issued, subscribed, and paid-up capital
- Shareholding Pattern: List of shareholders and changes during the year
- Details of Directors and Key Managerial Personnel (KMP)
- Debentures and Other Securities
- Changes in Directorship or Capital during the financial year
- Compliance Certification (if required)
- Gather Information: Collect details about shareholders, directors, and share capital.
- Fill the Form: Use the MCA portal to fill out Form MGT-7.
- Attach Supporting Documents: Include the necessary attachments like the shareholder list.
- E-File the Form: Submit the form electronically with the applicable fee.
- Must be filed within 60 days from the conclusion of AGM, i.e., 29th November of every year.
- (Since the due date for regulating the annual general meeting is before or on 30th September following the close of every financial year.)
PENALTY FOR NON-COMPLIANCE
FOR COMPANY
₹50,000 + ₹100 per day the default continues (Maximum up to ₹5 Lakh)
FOR OFFICERS IN DEFAULT
₹50,000 + ₹100 per day the default continues (Maximum up to ₹1 Lakh)
The Companies (Accounts) Amendment Rules, 2020, dated 30th January, 2020, inserted the provision wherein Non-Banking Financial Company (NBFC) adhering to Indian Accounting Standards (Ind AS) are required to file Form AOC-4 NBFC with the ROC.
WHAT IS A SMALL COMPANY?
As per the Companies (Specification of Definitions Details) Amendment Rules, 2022, Section 2(85) of the Companies Act, 2013 prescribes the criteria for a small company as that having: - Paid-up capital not exceeding ₹4 crores or such higher amount specified to not exceed ₹10 crores
- Turnover of the company not exceeding ₹40 crores or such higher amount specified to not exceed ₹100 crores
- LLP Name and LLPIN
- Financial statements including fixed assets, liabilities , income and expenditure
- Details of any charge on assets
- Solvency declaration by designated partners
- Details of the LLP, designated partners
- Declaration about contribution/sums received by all partners of the LLP
- Details of notices received towards penalties imposed/ compounded offences committed during the financial year.
As per Section 35(2) of the Limited Liability Partnership Act, 2008,
₹100 each day for which the failure continues, which shall not exceed ₹1 Lakh in case of LLP and ₹50,000 for Designated Partners.
QUICK FEE CALCULATION:
Visit MCA Portal → MCA Services → Fee & Payment Services → Enquire Fees
(Fill in the details: Type of Form, Purpose, CIN & Date of event)
Select ‘Calculate Fee’
- Preparation of E-Form AOC-4 and MGT-7
- Documentation support
- Filing expenses with the ROC
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