Every company (Private or Limited) need to comply with the filing with Registrar of Companies (RoC). Many entrepreneurs make a default in this part. This may be due to negligence or unawareness. Reason may be anything, this tend to result in stringent penalties.
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Following are the mandatory annual filing with ROC with their due dates:
- Form AOC-4- 30 days from date of AGM
- Form MGT-7- 60 days from date of AGM
There are various other e- forms that need to be filed on occurrence of any event in the company:
Form DIR-11- On resignation of Director
Form DIR-12- Appointment of Directors and the key managerial personnel and the changes among them
Form SH-7- Notice to Registrar of any alteration of share capital
Form PAS-3- Return of Allotment
Fees prescribed for Companies Having Share Capital
|NOMINAL SHARE CAPITAL||FEE APPLICABLE|
|Less than 1,00,000||Rs.200 Per Form/Document|
|1,00,000 to 4,99,999||Rs.300 Per Form / Document|
|5,00,000 to 24,99,999||Rs.400 Per Form / Document|
|25,00,000 to 99,99,9999||Rs.500 Per Form / Document|
|1,00,00,000 and More||Rs.600 Per Form / Document|
In case where the e-forms are not filed within due date with RoC then following penalty may be imposed:
|PERIOD OF DELAYS||PENALTY|
|Up to 30 Days||2 times the Normal Fees|
|More than 30 days and Up to 60 Days||4 times the Normal Fees|
|More than 60 days and Up to 90 Days||6 times the Normal Fees|
|More than90 days and Up to 180 Days||10 times the Normal Fees|
|More than 180 days||12 times the Normal Fees|
The penal provisions of ROC filing are so stringent that companies have been shut down due to this. The additional fees can be as high as upto 12 times of normal fees. Further, there also provisions where huge penalties are laid per day on officers as well as the companies simultaneously.
Following Annual Filing for LLPs are required to be filed with the RoC:
Form 8- 30th October
Form 11- 30th May
For LLP, the straight rule of computation of late filing fee is Rs 100 per day of delay in filing.
Non-compliance of these provisions has the capacity to shut down a full-fledged business. If you still have not started working on this, we suggest you buck up.
(Author Details :-Mr. Alok Patnia- Website: https://taxmantra.com/)