Annual FILLING
Each Company/LLP is required to file its Financial Statement and Annual Return every year in accordance to the provisions of Companies Act, 2013 and LLP Act, 2008, as applicable. As the Company shall be required to file Financial Statements and Annual Return within 30 days and 60 days respectively from the conclusion of the Annual General Meeting date. Similarly, LLP shall be required to file Annual Return within 60 days from end of the Financial Year and Annual Accounts within 30 days after six months of financial year closure.
In Case of Company, filing of Audited financial statement is governed under Section 129 and 137 of The Companies Act, 2013 read with Rule 12 of the Company (Accounts) Rules, 2014 and Annual Return is governed under Section 92 of the Companies Act,2013 read with Rule 11 of the Companies (Management and Administration) Rules, 2014.
Mandatory e-forms required to file with ROC
In case of Company
- Form MGT -7 Annual Return
- Companies Registered in India shall be required to file e-form MGT-7 (Form for Annual Return) with ROC within 60 days from the date of AGM every year.
- List of Shareholders, Details of Transfer of Shares (if any), shall be required to attach while submitting the Form MGT-7
Form MGT-7A Annual Return
- Ministry of Corporate Affairs (MCA) on 5th March 2021 amended Companies (Management and Administration) Rules, 2014 and issued Companies (Management and Administration) Amendment Rules, 2021. According to the amended rules, a new Form No. MGT-7A has been prescribed in respect of annual return of OPC and small companies.
- List of Shareholders, List of Directors, Details of Transfer of Shares (if any), shall be required to attach while submitting the Form MGT-7A
- Form MGT-8 Certificate Given by Company Secretary in Practice
- Applicability
Certification in Form MGT-8 is mandatory for “a listed company and the companies with Paid-up Share Capital Rs. 10 crores of more or Turnover Rs. 50 crore or more”. Therefore irrespective whether a company is Public Company or Private Company if they fulfil any one of the criteria i.e. paid-up capital or turnover for a particular financial year, then certification in Form MGT-8 will be applicable for that financial year.
As stated above, if any company, fulfils the criteria i.e. paid-up capital or turnover for a particular financial year, then Form MGT-8 will be applicable. Therefore, it applies to Nidhi Companies as well.
- Form MGT-14 Annual Accounts
- In case of Listed Company and Public Company – It is also mandatory to file the resolution with MCA passed to approve the Board Report and Annual Accounts within 30 days from the date of Board Meeting in which the above state documents have been approved.
- Form AOC-4 Financial Statement
- Form AOC-4 Financial Statement
- The financial statements of a company must be filed with the Ministry of Corporate Affairs every year. The MCA form for filing financial statements is AOC-4. Hence, Form AOC-4 is submitted with the MCA for each Financial Year within 30 days of a company’s Annual General Meeting
- Company Shall be required to attach its Annual Report as attachment which includes –
- Notice
- Director’s Report and its Annexures as specified in Section 134 of Companies Act, 2013
- Independent Auditor’s Report
- Financial Statements etc.
In case of Limited Liability Partnership Firm (LLP)
- Form 11 Annual Return
- Limited Liability Partnership Firms are required to file the annual returns within 60 days from the end of the close of the financial year in Form – 11.
- Form 8 Statement of Accounts & Solvency
- Limited Liability Partnership Firms are required to file its Account Statement and Solvency within 30 days from the end of six months of the closure of the financial year in Form – 8.
The financial year for the LLPs starts from the 1st of April to the 31st of March. The annual return for the LLPs is due on May 30th while the Statement of Accounts and Solvency is due on the 30th of October of each financial year.