Due Dates of ROC Annual Returns of Company

Last Updated On: Nov. 23, 2020, 9:52 p.m.
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DUE DATES OF ROC ANNUAL RETURNS FOR COMPANIES

 The Ministry of Corporate Affairs (MCA) is concerned with the administration of the Companies Act 2013, the Companies Act 1956, the Limited Liability Partnership Act, 2008 & other allied Acts and rules & regulations framed there-under mainly for regulating the functioning of the corporate sector in accordance with the law.

The MCA has a number of compliances that are to be mandatorily followed by all the companies. If Companies fail to comply with these rules and regulations may end up imposing heavy penalties imposed by the Government.

Ministry of Corporate Affairs (MCA) compliances have been complicated especially in this pandemic period where importance for foremost given to human health and safety. 

 

Due Date for filing Annual Return with ROC:

  • The Annual Return provides a synoptical view of the organizational structure, functions, and activities of the companies undertaken during the previous financial year. All companies such as private limited companies, one-person company, limited company, section 8 company, etc are required to file an annual return with the MCA every year.
  • Every company should file with the ROC a copy of the annual return, within 60 days from the date on which the annual general meeting is held.
  • If no annual general meeting is held in any year, then the said return has to be filed within 60 days from the date on which the annual general meeting should have been held together with the statement specifying the reasons for not holding the annual general meeting, with such fees or additional fees as may be prescribed
  • The due date of holding the AGM has been extended till 31st December, 2020 for FY 2019-20.

 

Due date of filing Return pertaining to Appointment of Auditor with the ROC:

  • Provisions of appointment of an auditor are covered under Section 139 of the Companies Act, 2013.
  • When a company appoints an auditor, it is under obligation to acknowledge the registrar of companies (ROC) about the appointment of an auditor in a prescribed manner.
  • Form ADT- 1 is used by a company to intimate the registrar of companies about the appointment of an auditor after the completion of its annual general meeting (AGM).
  • Section 139(1) of the new Companies Act 2013 mandates this and this form has to be filed every year after the AGM in which the auditor was appointed.
  • Form ADT-1 must be filed with the registrar of companies within 15 days from the date of appointment of the Auditor.

Following is the list of documents which needs to be attached with Form ADT-1:

  • Company’s Board resolution copy/resolution passed in annual general meeting
  • Written consent from the Auditor regarding the appointment
  • A certificate from the Auditor that he/she/it is not disqualified or ineligible to be appointed as an Auditor u/s 141
  • Copy of the intimation given by the company to the auditor

 

Due date of filing Annual Accounts with the ROC?

  • A copy of the financial statements, including consolidated financial statement, if any, along with all the documents which are required to be or attached to such financial statements under this Act, duly adopted at the annual general meeting of the company, have to be filed with the ROC within 30 days of the date of annual general meeting in such manner, with such fees or additional fees as may be prescribed
  • If the financial statements are not adopted at annual general meeting or adjourned annual general meeting, such unadopted financial statements along with the required documents shall be filed with the ROC within 30 days of the date of annual general meeting.
  • The ROC shall take them in his records as provisional till the financial statements are filed with him after their adoption in the adjourned annual general meeting for that purpose.
  • A One Person Company shall file a copy of the financial statements duly adopted by its member, along with all the documents which are required to be attached to such financial statements, within one 180 days from the closure of the financial year
  • The due date of holding the AGM has been extended till 31st December, 2020 for FY 2019-20.

 

Due date of filing Annual Accounts with the ROC

  • A copy of the financial statements, including consolidated financial statement, if any, along with all the documents which are required to be or attached to such financial statements under this Act, duly adopted at the annual general meeting of the company, have to be filed with the ROC within 30 days of the date of the annual general meeting in such manner, with such fees or additional fees as may be prescribed
  • If the financial statements are not adopted at the annual general meeting or adjourned annual general meeting, such unadopted financial statements along with the required documents shall be filed with the ROC within 30 days of the date of the annual general meeting.
  • The ROC shall take them in his records as provisional till the financial statements are filed with him after their adoption in the adjourned annual general meeting for that purpose.
  • A-One Person Company shall file a copy of the financial statements duly adopted by its member, along with all the documents which are required to be attached to such financial statements, within one 180 days from the closure of the financial year
  • The due date of holding the AGM has been extended till 31st December 2020 for FY 2019-20.

 

Filing of MGT 14 with the MCA

Meetings of the Board of Directors/Shareholders/Creditors are held, and resolutions are passed at the said meetings.

The resolutions have to be filed with the ROC by the company or liquidator as the case may be. Such resolutions are filed in the form  MGT-14. 

As per Section 117(1), the company shall file the resolutions and agreements in form MGT-14 within 30 days from the resolution being passed or the agreement being entered into. 

 

Half-yearly return with the registrar in respect of outstanding payments to Micro or Small Enterprise

A half-yearly return is required to be submitted to the Ministry of Corporate Affairs on a mandatory basis, by all those companies who receive the supply of goods or services from Micro or small enterprises and the payment done to these micro and small enterprise suppliers exceed 45 days from the date of acceptance (or deemed acceptance) of the relevant good or services.

The following points should be stated in it:

  • the amount of payment due and
  • the reasons for the delay
  • Form MSME I (half-yearly return) has to be filed within 30 days from the end of each half-year in respect of outstanding payments to Micro or Small Enterprise
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