Annual Compliance & Filing

Annual Compliance & Filing

Purpose of Annual Compliance

Legal Mandate: All registered companies, LLPs, and other entities must comply with annual filing requirements under the Companies Act and other applicable laws.

Corporate Governance: Annual compliance ensures transparency, accountability, and effective management practices.

Avoidance of Penalties: Timely filing prevents penalties, legal consequences, and disqualification of directors.

Credibility with Stakeholders: Maintaining regular compliance builds trust with investors, banks, and customers.

Compliance Requirements

For Private Limited Companies

  • Board Meetings (minimum 2 per year).
  • Annual General Meeting (AGM).
  • Filing of financial statements (Form AOC-4).
  • Annual Return filing (Form MGT-7).

For LLPs

  • Filing of Statement of Accounts & Solvency (Form 8).
  • Annual Return of LLP (Form 11).

For OPC (One Person Company)

  • Annual Return in Form MGT-7A.
  • Financial Statement in Form AOC-4.

Documentation Required

  • Financial Statements: Balance Sheet, P&L Account, Notes to Accounts.
  • Details of Board Meetings & AGM (if applicable).
  • Shareholding structure and changes.
  • Audit Report and Director’s Report.
  • Digital Signature Certificate (DSC) of authorized signatory.

Process

Preparation of Financials:

Compile annual accounts and get them audited by a Chartered Accountant (if applicable).

Board/Partner Meetings:

Conduct meetings to approve the financials and file necessary resolutions.

Filing with MCA:

File appropriate forms (AOC-4, MGT-7, Form 8/11) on the MCA portal with DSC before due dates.

Charges

  • Professional Fees: ₹1,500 – ₹5,000 depending on entity type and complexity.
  • Government Fees: Varies as per share capital, number of partners, and delay period.
  • Additional fees for delayed filings: ₹100 per day per form (as applicable).

Timeline

  • Financial Year End: 31st March.
  • AGM (for Pvt Ltd): Within 6 months from FY end (30th September).
  • AOC-4 Filing: Within 30 days of AGM.
  • MGT-7/MGT-7A Filing: Within 60 days of AGM.
  • LLP Form 11: On or before 30th May.
  • LLP Form 8: On or before 30th October.

Penalties for Non-Compliance

  • Late Fees: ₹100 per day per form (no cap), resulting in significant penalty.
  • Disqualification: Directors may be disqualified for continuous non-filing.
  • Strike-Off: Non-compliant companies/LLPs may be struck off by ROC.

Benefits of Compliance

  • Good Standing: Keeps the company/LLP active and in good legal standing.
  • Creditworthiness: Makes it easier to raise funds or apply for loans.
  • Legal Protection: Directors and partners are safeguarded from legal action.
  • Reputation: Enhances reputation with clients and investors.