Annual Compliance

What is AOC 4 Filing

As per Companies Act, 2013 it is necessary for every company to file annual accounts and annual returns within 30 days and 60 days respectively from the conclusion of Annual General Meeting.

What is the due date of Filling of Annual return / AOC-4?

The financial statements of the company must be filled with the registrar of the company every year. If a company fails to file these financial statements within the stipulated period, it will be liable for a penalty or additional fees.

The procedure for filing of annual return and annual accounts are as follows:

• Hold a Board Meeting to authorize the Auditor for preparation of financial statements. Also, to authorize the Directors or Company Secretary has to prepare Board Report and annual return as per Company Act 2013.
• Hold another Board Meeting for approval of draft financial statements by directors.
• Conduct the Annual General Meeting and pass necessary resolutions. The financial statements are considered final when they are accepted as approved by the shareholders.

What is Requirement for AOC -4 Filing?

AOC-4 has to be filled by every company within 30 days from the conclusion of the Annual General Meeting with Ministry of corporate affairs. The form AOC-4 has to be uploaded along with Board’s report, Auditor’s report and other mandatory documents as per company’s business activity. Every Form AOC-4 has to be certified by Practicing Chartered Accountant or Company Secretary.

Documents required for filling AOC-4

The requirements of documents for filling form AOC 4 depends on the business activity and compliances involved. Generally, financial statement of a company includes Balance Sheet, Profit and Loss Account, Cash flow statement (if applicable) and explanatory notes annexed to the financial statement. Following documents need to be filled with Form AOC-4.

1. Copy of financial statements including Board’s report, auditors’ report and other documents
2. Statement of subsidiaries in Form AOC-1
3. Statement of the fact and reasons for not adopting Financial statements in the annual general meeting (AGM)
4. Statement of the fact and reasons for not holding the AGM
5. Company CSR policy
6. Details of other entity
7. Details of transactions with related parties
8. Details of comments of CAG of India
9. Secretarial Audit Report
10. Director’s report
11. Optional attachment, if any.

Filing of Form AOC-4

Financial statements of a company should be filed within 30 days of the conclusion of Annual General Meeting with MCA. The Form needs to be uploaded along with necessary documents and signature as per Company Act 2013.

The Companies which falls under XBRL requirements have to file the financial statement on MCA portal in XBRL format. The criteria for XBRL Filing for companies are:

• Companies listed on any Stock Exchanges
• Companies having paid up share capital of rupees five crores or above
• Companies having turnover of rupees hundred crores or above

Due Dates for AOC-4

Every company incorporated under Company Act 2013 have to file the financial statement within 30 days of the conclusion of Annual General Meeting. However, In One Person Company where it is not mandatory to hold the Annual General Meeting, must file the financial statements within 180 days of closure of financial year.

If the Annual General Meeting is not held by the company, then the statement and reason for not holding the General Meeting should be filed within 30 days the meeting ought to be held.

Fees for AOC-4

Fees for the filing of form AOC-4 is based on companies share capital. Below is the fee structure as per the share capital of the company.

NOMINAL SHARE CAPITAL	FEE APPLICABLE
Less than 1,00,000	Rs.200 Per Form
1,00,000 to 4,99,999	Rs.300 Per Form
5,00,000 to 24,99,999	Rs.400 Per Form
25,00,000 to 99,99,9999	Rs.500 Per Form
1,00,00,000 and More	Rs.600 Per Form

 

Penalties

Penalties for late filing of form AOC-4 is as follows:

Number of Days Delayed	Penalty Amount for Late Filing
Up to 30 days	2 times of normal filing fees
30 days to 60 days	4 times of normal filing fees
60 days to 90 days	6 times of normal filing fees
90 days to 180 days	10 times of normal filing fees
180 days to 270 days	12 times of normal filing fees