ROC Filing

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ROC Filing

WHY ROC FILINGS ARE REQUIRED?

As every company have to intimate the ROC about the income and expenditure and information regarding its shareholders, meetings, any kind of change in the Company during the Financial year etc. and to make company free from non-compliances, ROC filings are must. If any Company fails to do so then a heavy penalty will be imposed for non-filing.

WHAT ARE THE FORMS FOR ROC FILING?

There are different types of forms for ROC filing which are as follows:

  • ADT-1 : Details for appointment of auditor shall be filed with this form.
  • AOC-4: Financial statements of the Company shall be filed in this form.
  • MGT-7 : Annual Return of the Company shall be filed in this form.

WHAT ARE THE DUE DATES FOR ROC FILING FORMS?

The due date for ROC filing forms is differently described by the Ministry of Corporate Affairs. The due dates are:

  • ADT-1: This form is to be filed within 15 days from the date of conclusion of Annual General Meeting.
  • AOC-4: This form is to be filed within 30 days from the date of conclusion of Annual General Meeting.
  • MGT-7: This form is to be filed within 60 days from the date of conclusion of Annual General Meeting.

Documents Required For ROC Filing

  • Financials of the Company
  • Annual report of the Company
  • List of shareholders of the Company
  • Auditor Report of the Company
  • Appointment Letter to auditor
  • Consent letter of the auditor
  • Notice of AGM
  • Annual Return
  • MGT-8 (if Company has paid up capital of Rs. 10 Crores or more OR turnover of Rs. 50 crores or more )

Process Involved

  • STEP-1

Documentation

Collection of all the necessary documents form the client

  • STEP-2

Meeting of the Board of Directors

Board shall convene a board meeting to pass a resolution in its meeting for deciding date, time and venue of the AGM.

  • STEP-3

Prepare and get the signed documents

Prepare the Board Report, Notice of AGM, and List of Shareholders and Directors and get it signed by the Directors of the company.

  • STEP-4

Annual General Meeting

Conduct AGM for approval of financials, Board report, annual return and appointment or ratification of auditor of the company.

  • STEP-5

Approval of financials and Board Report

Approve the board report and financials of the company. Appointment or ratification of the auditor of the company.

  • STEP-6

Filing of required forms

Filing of forms like ADT-1 for auditor appointment, MGT-7 for annual return, AOC-4 for financials of the company

ROC Filing
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Our goal is to make your life easier, so you can do what you want to do

Our goal is to make your life easier, so you can do what you want to do


FAQs

The Registrar of Companies India is the official agency that deals with the administration of the Companies Act, 2013. It falls under the Ministry of Corporate Affairs. It has offices in all major States of India. The Registrar of Companies is the primary regulator for company-related matters in India. It is popularly known as ROC.

Invariably, the Balance Sheet and Annual Return have to be filed every year. Other documents such as, Return of Allotment (Form No. Pas-3), Change of Registered office (Form No. INC-22), Change among the Directors (Form No. DIR-12), Charges (Form No. CHG- 1, 9, 4)etc., have to be filed within the due date from the events taking place in the company as per the Companies Act, 2013.

Form AOC-4 to be filed by all companies and due date is 30 days from date of AGM

Ans. Certain companies whose paid up share capital for the year in the range of Rs. 10 lakhs to 50 crores are required to file a Compliance Certificate in Form MGT-8 with the following provisions: The companies having paid up capital of more than Rs. 10 lacs, has to digitally file with the ROC a compliance certificate which is obtained from a Company Secretaries in whole time Practice within 30 days from the date of annual general meeting, along with the Annual Report In case the Annual General Meeting of the company is not held for the same year, the aforesaid Compliance Certificate to be digitally filed with the ROC within 30 days from the latest day on or before which that meeting should have been

In such a case, you need to file Form SH-7 again but same can be filed only after 15 days from the Challan Date. On attempting to file Form SH-7 before the expiry of above said period, the system will give an error message "There is/ are pending Form(s) SH-7 in respect of the company. Please file this form SH-7 after approval of the pending Form(s) SH-7."

File e Spice Part-A by logging in the MCA portal with a payment of fees of Rs.1000/-.

The approved name is valid for a period of 20 days from the date of approval of eform Spice Part-A, In case the proposed company is not incorporated within such period, the name shall be lapsed and will be available for other applicants. Please note that there shall not be any provision for renewal of the name, but you may take extention for the validity period after paying requisite fee before name expiry.

Filing of return with digital signature is mandatory for: (a) Every company; (b) A firm or an individual or HUF who are required to get their accounts audited under section 44AB; (c) A Political Party its income exceeds the limit, without claiming exemptions under Section 13A, which is not chargeable to tax]

It can be found either on the Form 16/16A or in the 26AS tax credit statement available on https://eportal.incometax.gov.in/iec/foservices/#/pre-login/knowYourTAN Income Tax website.

click on Services>Know your AO given on the home page of www.incometax.gov.in or use the following link https://eportal.incometax.gov.in/iec/foservices/#/pre-login/knowYourAO to know your jurisdictional Assessing officer

No, all salaried taxpayers can’t choose ITR-1 for filing tax returns from Assessment Year 2013-14 onwards. They can choose ITR-1 only if they are claiming exemption under sec. 10 (e.g. HRA, Conveyance allowance, etc.) up to Rs 5,000 or less. So, if taxpayer is claiming any exemption under sec. 10 which exceeds Rs. 5,000, he cannot file return of income in ITR-1 (As per amended Rule 12 of income-tax rules).

Yes, only 5 returns can be filed using the same email-id or same mobile number.

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