Filling financial statements with ROC every year | AOC 4 E FORM
Companies are regulated by Registrar of Company (“RoC”) and RoC needs to ensure that it has all the information about company which ensures transparency of the company to the public. Financial statements provides information about financial position of company. Therefore, companies Act requires every company to file their financial statement with RoC every year through form available on Ministry of Corporate Affair ("MCA") portal.
Accordingly, in addition to annual return, as per Section 137 of Companies Act, 2013, every company is required to file its financial statements including consolidated financial statement with RoC within 30 days from the date of Annual General Meeting (“AGM”)
As per Rule 12(1) of Companies (Accounts) Rules, 2014, financial statements should be filed with ROC in form AOC 4.
Non-compliance of such provisions leads to monetary andnon-monetary penal consequences on company and management of the company.
Information about e-form AOC-4 is given below in FAQ form:
1. What is e-Form AOC 4?
AOC-4 is used to file financial statements with RoC. In addition to the annual return a company is also required to file its financial statement. Financial statement consists Balance Sheet, Profit & Loss Account, Cash Flow Statement, if applicable, and other documents. Financial statements adopted in Annual General Meeting are required to file with RoC.
2. Who is required to file AOC 4 eform?
Every company (whether public or private or Listed or unlisted) including OPC is mandatorily required to file such form with RoC on annual basis.
3. What is the due date to file this form?
Adopted financial statements should be filed with RoC within 30 days from the date of AGM.
4. What is the time limit for AOC-4 filing if financial statements are not adopted in AGM?
If financial statement is not adopted in AGM or adjourned AGM then company will file such unadopted financial statements with RoC within 30 days of the AGM and registrar will take such financial statements on record as provisional till adopted financial statements are filed with RoC.
5. What is the due date of AOC 4 filing in case of One Person Company?
One Person Company should file AOC-4 within 180 days from closure of financial year.
6. If Financial statement or board report is required to be revised, whether company should file AOC-4 again?
If financial statement or Board report revised under section 130 (Re-opening of accounts on court's or tribunal's order) or Section 131 (voluntary revision of Financial Statement or Board's report) of companies act, 2013 then company should file such revised financial statement with RoC within 30 days from Order of competent authority.
7. What if company fails to held AGM during any financial year?
In such case, company shall file financial statement alongwith all documents and duly signed statement of facts and reason for not holding AGM with RoC within 30 days of the last date before which AGM should have been held. E.g., For FY 2018-19, AGM should be held on or before 30th September, 2019, therefore, documents should be filed on or before 30th October, 2019.
8. What are penalties of non-filing of AOC 4?
In case of non-filing of AOC-4, the company shall be punishable with fine of INR 1,000 for every day during which default continues not exceeding INR 10 Lacs. Further, responsible management personnel (i.e., Managing Director, Chief Financial Officer or any other responsible person) shall be punishable with imprisonment for a term which may extend upto 6 months or fine of minimum INR 1 Lac but not exceeding INR 5 Lacs.
9. What is legal fee for filing this form?
Amount of legal fee to be paid along with AOC-4 is based on share capital. Fee structure based on share capital is as follows:
*In case of company without share capital, fee applicable is INR 20
10. Is there any additional fee applicable in case of delay in filing of AOC-4?
Delay in filing of AOC-4 attracts additional fee. Norms foradditional fee has been amended w.e.f. 30th June, 2018. Additionalfee of INR 100 per day is applicable in case of filing of AOC-4 after 30thJune, 2018.
Additional Fee applicable for delay in filing of financialstatement upto 30th June, 2018:
11. What all documents are required to attach while filing form AOC 4?
Following documents are required to attach with AOC-4:
- Financial statement including Board’s Report, Auditor’s Report and other documents-Mandatory
- Statement of subsidiaries- If applicable
- Statement of facts and reasons of not adopting financial statement in AGM- If provisional unadopted financial statement are being filed
- Statement of facts and reasons for not holding AGM- If applicable
- Approval letter for extension of AGM- If applicable
- Secretarial Audit Report- If applicable
- Director’s Report- mandatory
12. Is AOC-4 required to be verified by practicing professional?
Yes, AOC-4 should be digitally signed by a practicing professional, i.e., chartered Accountant, Cost Accountant or company secretary in practice.
13. Where to download AOC 4 E form
Click on link to download the AOC 4 form
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