The Ministry of Corporate Affairs requires every company and limited liability partnership firm to file annual returns every year. Interest and penalties are imposed if a return is filed late or not at all.
ROC (Registrar of Companies) returns filing in India refers to the submission of various statutory forms and financial statements by companies registered under the Companies Act. It is important for companies to comply with ROC filing requirements to maintain legal and regulatory compliance. Here is an overview of ROC returns filing in India:
Annual ROC Returns:
Event-based ROC Returns:
Digital Signature Certificate (DSC):
Compliance and Penalties:
Non-compliance or late filing of ROC returns may attract penalties, fines, and legal consequences. It is important for companies to file returns within the prescribed timelines to maintain compliance with the Companies Act.
Maintenance of Registers and Records:
Companies are required to maintain various registers and records as per the provisions of the Companies Act. These include registers of members, directors, charges, minutes of meetings, etc. These records should be accurate, up-to-date, and readily available for inspection by the authorities.
Companies furnishing timely annual returns and follow the rules properly helps the company internally as it increases employee retention
Once the information is properly collected, submitted and filed duly with regulatory body it enhances information governance
Registered entity enjoy greater confidence of investors and financial institutions if annual returns are filed on time and on regular basis
DSC of Partners or Directors, in case of LLP and Company respectively
PAN Card, Certificate of Incorporation, MoA & AoA/LLP Agreement
Financial Statements must be audited by independent auditor
Independent auditor’s report report must be provided
Board report/Director's Report must be provided
Company's current shareholding ratio is required.
ROC Returns refer to the annual filings and compliance requirements that companies incorporated in India need to fulfill with the Registrar of Companies under the Companies Act, 2013.
All companies registered under the Companies Act, 2013, including private limited companies, limited liability partnerships (LLPs), and public limited companies, need to file ROC Returns.
The different types of ROC Returns include the Annual Return (Form MGT-7), Financial Statements (Form AOC-4), and various other forms and documents required for specific events or changes within the company.
Companies need to file the Annual Return and Financial Statements with the ROC on an annual basis, within specific due dates based on their financial year.
ROC Returns require information such as details of directors, shareholders, share capital, financial statements, auditor details, and other company-specific information as per the applicable forms.
Yes, in case of any errors or omissions, companies can file revised ROC Returns within the specified time limit to rectify the mistakes made in the original filings.
Non-filing or late filing of ROC Returns can result in penalties, fines, and legal implications. It is important for companies to comply with the due dates to avoid such consequences.
Yes, there are software and online platforms available that simplify ROC Returns filing, automate calculations, generate necessary forms, and ensure compliance with ROC requirements.
Yes, companies can make changes to their company information, such as director details, registered office address, capital structure, etc., through specific forms filed along with ROC Returns.
ROC Returns can be filed electronically through the Ministry of Corporate Affairs' online portal (www.mca.gov.in).