Annual filing by Pvt Company


This is the time of the financial year, when every company (PVT or LTD) needs to comply with annual filing with Registrar of Companies (ROC). In our experience not many entrepreneurs are attentive to this requirement, and even if they are, they tend to ignore it, resulting in stringent penalty.

The Companies Act 2013 mandates for every company to file their Balance sheet and Profit & Loss Account along with the audit report within 30 days from Annual General Meeting. The Company is also required to file annual return in prescribed format containing prescribed information within 60 days from the date of AGM

Due date of AGM:

  1. First AGM should be held within 9 months from the close of financial year or 18 months from the date of incorporation whichever is earlier
  2. Second and subsequent AGM should be held within 6 month from the close of financial year or 15 months from previous AGM, whichever is earlier

Forms to be filed with ROC by a Private Company
Balance Sheet & Profit & Loss Account -Form AOC-4 -30 days from date of AGM
Annual Return Form -MGT-7 -60 days from date of AGM
Directors regularization if appointed as additional director during the year-DIR-12-30 days from date of AGM

Penal Provisions for non-filing or late filing of ROC Compliance Forms

Period of Delay Fixed rate of additional fee
Upto 30 days Two times of normal filing fee
More than 30 days and upto 60 days Four times of normal filing fee
More than 60 days and upto 90 days Six times of normal filing fee
More than 90 days and upto 180 days Ten times of normal filing fee
More than 180 days and upto 270 days Twelve times of normal filing fee
More Than 270 days ROC may power to impose penalty of 50000 or which may go upto 500000 on company and also on Director

Please Note:

If there is a delay in filing or non-filing of form beyond 270 days then please refer Section 403(2) of the company’s Act 2013 which says:

Section 403(2)-Where a company fails or commits any default to submit, file, register or record any document, fact or information under sub-section (1) before the expiry of the period specified
in the first proviso to that sub-section with additional fee, the company and the officers of the company who are in default, shall, without prejudice to the liability for payment of fee and additional fee, be liable for the penalty or punishment provided under this Act for such failure or default.

Feel free to raise your query by PM