Compliance Consultancy Services
The Register of Companies or ROC is the main authority that is regulated by the Ministry of Corporate Affairs (MCA). It administers the registration of all companies and Limited Liability Partnerships (LLP) in India under the Companies Act, 1956 and Companies Act, 2013.
Any information about the company, ranging from appointments and managing directors to the winding up of the company, should be sent to the ROC. If a company passes any resolution, it is a must to share with the ROC within 30 days from the date of passing it.
What Is ROC Filing?
ROC filing is the filing of a company’s audited financial statements and annual returns to the ROC authority.
This filing is a must-to-do with the ROC for every registered company under the Section 129 and 137
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ROC Compliance Forms
checklist of forms that are must-to-file for this process within 30 days and 60 days from the date of the conclusion of the annual general meeting:
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Name of the E-form |
Purpose of the E-form |
The Due Date for Filing |
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Form ADT-1 |
To appoint an auditor |
15 days from the very date of the end of the annual general meeting (AGM) |
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Form AOC-4 and Form AOC-4 CFS ( for Consolidated Financial Statements) |
To file annual accounts |
30 days from the very date when the AGM wrapped up For OPC, 180 days from the very date when the financial year ended |
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Form MGT-7 |
To file the annual return |
60 days from the date when the AGM ended |
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Form CRA-4 |
To file the cost audit reports |
30 days from the date of receipt of the Cost Audit Report |
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Form MGT-14 |
To file the resolution taken in the Board report and annual accounts |
30 days from the very date when the Board meeting ended |
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SME Form 1 |
To file a half-yearly return with the registrar for outstanding payments to micro and small enterprises |
Within the first month of every half year |
Benefits of ROC filings
Explicit the Financial Position
The consolidated compliance of all accounts of the company helps in annual returns filing for the entire year. It helps in analyzing where the company stands in view of profit or loss (overall financial condition).
Shows the Company is Up & Running
Being regular with these filings sends the message that the company is up and running. The company’s up and running condition is automatically visible in the current books of the government.
As being failed to provide annual filings for a long term, the ROC cuts off the name of the company from its records.
No Penalty
In case of no filing, the ROC authority may penalize the company. Timely filings avoid such penalties. Besides, the appropriate annual compliance prevents any legal problems or complications.
No Penalty
This list has all forms that ensure annual filings.
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Forms |
Details of Auditors |
Documents to Enclose |
Disclosure |
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Form ADT - 1 (The Appointment of Auditors)
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15 days from the date of the end of the AGM is the due date.
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Form AOC - 4 (Approved balance sheet and profit & loss account of the company together with the details of principal products and services) |
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For the director report, enclose the date of AGM, details of the appointment of directors and resignation of directors during the specific financial year, and the name of the proposed auditor/ audit or firm.
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Form MGT - 7 (Annual Return & the due date is within 60 days of AGM)
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(For it, these details are required, but not of an auditor)
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Provide company’s PAN, primary business activities, particulars of holding, subsidiary, joint venture, and associate company, and the number of members, promoters, and debenture.
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How-to Process of ROC Filing
Tailormade assists you with our legal expertise in company’s ROC filing.
For all accounts, such as payroll processing annual accounts and an annual return of the company requires the following process to follow:
Step 1: Host a Board Meeting for introducing the auditor who prepares the financial statements as per Schedule III of the Companies Act, 2013.
Step 2: Ensure the Director or Company Secretary to prepare the board’s report and annual return as per the Companies Act, 2013
Step 3: Arrange a separate Board Meeting wherein the directors of the company approve the drafted financial statements, board report, and annual return.
Step 4: Host the Annual General Meeting (AGM) of the Company and plan resolutions. This meeting will have the shareholders who also approve financial statements. Then only, it is considered as final.
Checklist of Documents for ROC Filing
- Balance sheet
- Profit and loss account
- Annual return
- Cost Audit Report
E-Forms Filling with ROC
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Name of E-Form |
Purpose |
What Docs to Attach |
The due date for filing |
Applicability |
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Form ADT-1 |
To appoint the auditor |
An appointment letter Confirmation letter |
15 days from the date when AGM was conducted |
A private company, public limited company, one-person company, and listed companies |
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Form AOC-4 and Form AOC-4 CFS |
Filing of Annual Accounts |
Board Report Annexures like MGT-9, CSR Report, AOC-2, Corporate Governance Report Secretarial Audit Report, etc. as per the nature of company and financial statements |
30 days from the date when the AGM was held (In case of OPC within 180 days from the close of the financial year) |
Private Company, Public Limited Companies, One Person Company |
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Form AOC-4 (XBRL) |
Filing of Annual Accounts in XBRL mode |
An XML sheet of financials of the company |
30 days from the date of the AGM meeting |
Listed companies and their Indian subsidiary(or) a public company with paid-up capital<= 5 crores (or) With turnover>=100 crores |
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Form MGT-7 |
Filing of Annual Return |
Listing of shareholders, debenture holders, Share Transfer, MGT-8 |
60 days from the date of AGM. |
Public Limited Companies, Listed Company, One Person Company, and private entities |
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Form CRA-4 |
Filing of Cost Audit Report |
An XML file of the Cost Audit report |
30 days after the date of receipt of Cost Audit Report (CAR) |
Companies determined as per The Companies (Cost Records and Audit Rules), 2014 |
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Form MGT-14 |
Filing of resolutions with MCA about the approval of Board Report and Annual Accounts |
A certified original copy of the resolution. |
30 days from the date of conduct of concerned Board Meeting |
Public Companies and other Listed Companies. |
FAQs
What is a ROC document?
The ROC or the Register of Company is the incorporation of the company, which proves that the company exists. Such companies cannot wind up unless the name of the company is cut off from the register of companies.
Is ROC filing mandatory every year?
Yes, it is required to file annul accounts (within 30 days of the AGM) and annual returns (within 60 days of the AGM) in accordance with the Companies Act, 2013. In case of skipping it, the ROC authority may penalize.
What is the last date for ROC filing?
Consider the section- E-Forms Filling with ROC discovering the last date, which mentions as per the type of the company.
What happens if ROC is not filed?
You may have to bear the penalty worth INR 50,000 and legal complications. Even, your company name can be struck off from the list of existing companies.
Who files ROC?
Under section 129 and 137 of the Companies Act, 2013, every registered company should have to file it with the audited financial statements. Likewise, the annual returns are a must to submit with the ROC under section 92 of the Companies Act, 2013.
How do I file for the ROC compliance?
Consult with Tailormade. Our certified auditors and legal matter experts will guide you on this. Typically, you need to follow this procedure:
- Download the e-forms like AOC-4 and MGT-7 from the MCA official website, which are given under the tab MCA administrations menu> E-documenting > Company Forms Download.
- Fill in the details and enclose the pdf or XML reports as per the form type. Then, click Check Form. Finally, enclose the Digital Signature of the Director and any practicing professional (but it’s not applicable for OPC and small entities. Lastly, do a quick pre-check.
- Enroll your name as a ‘Business User’ or enlisted client. Then, sign in with your ID and password.
- Then, upload E-forms to check for the filled and signed form.
- Once done, you will receive a Service Request Number (SRN). Then, you need to pay for the service online.
Here are the options to pay:
- Pay later and save the challan to pay within the due time
- Net banking or credit/debit card payment, which provides the receipt of the challan for future reference.
- Check the status later via SRN under the MCA administration menu. Simply, put the SRN generated before. It will show whether your form is endorsed or pending for endorsement.
Secure your business finances and their condition with our qualified ROC compliance consultants that come up with consistent assistance online and offline.