All Companies registered under Companies Act are required to file its annual accounts and annual return with the Registrar of Companies. The forms for filing he same are prescribed under Section 137 and Section 92, respectively, of the Companies Act 2013.
As per Section 137 of Companies Act, 2013 companies are required to file its audited financial statement in e-form AOC-4 within 30 days of the date of Annual General Meeting.
Note: One Person Company shall file its financial statements within 180 days from the closure of the financial year.
Note: Where the AGM of the company has not been held, the financial statements shall be filed with the Registrar within 30 days of the last date before which the AGM should have been held.
Note: Where the financial statements are not adopted at an AGM or an adjourned AGM, such unadopted financial statements shall be filed with the Registrar within 30 days from the date of AGM.
Note: Where financial statements are adopted in an adjourned AGM it shall be filed with the Registrar within 30 days of the date of such adjourned AGM.
If a company fails to file the copy of financial statements as aforesaid it shall be liable to pay penalty of Rs. 10,000/- and in case of continuing failure, a further penalty of Rs. 100 for each day during which such failure continues, subject to maximum of Rs. 2,00,000/-. and
The managing director and the Chief Financial Officer of the company, if any, and, in the absence of the managing director and the Chief Financial Officer, any other director who is charged by the Board with the responsibility of complying with the provisions of this section, and, in the absence of any such director, all the Directors of the company, shall be liable to pay penalty of Rs. 10,000/- and in case of continuing failure, a further penalty of Rs. 100 for each day during which such failure continues, subject to maximum of Rs. 50,000/-.
As per Section 92 of Companies Act, 2013 companies are required to file its annual return in e-form MGT-7 within 60 days of the date of AGM or where no AGM is held, within 60 days from the date on which AGM should have been held.
If any company fails to file its annual return, such company and its every officer in default shall be liable to pay penalty of Rs. 10,000/- and in case of continuing failure, a further penalty of Rs. 100 for each day during which such failure continues, subject to maximum of Rs. 2,00,000/- (Rs. 50,000/- in case of officer who is in default).
Note: From financial year 2020-21 onwards, annual return in case of small company and one person company shall be filed in e-form MGT-7A.
Note: It is to be noted that for F.Y. 2020-21 annual filing can be done till 31/12/2021 without any penalty of additional fee.
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