Here’s the updated ROC compliance calendar for FY 2023-24. It’s imperative for companies registered under the Companies Act, 2013, and Limited Liability Partnerships (LLPs) registered under the LLP Act, 2008, to adhere to the prescribed due dates for filing their financial statements and annual returns with the Registrar of Companies (ROC). Failure to comply with these deadlines may result in penalties and legal ramifications.
Under the Companies Act, 2013:
Filing of Financial Statements (Form AOC-4): Within 30 days from the date of the Annual General Meeting (AGM), which should be held within six months from the end of the financial year (FY 2023-24).
Filing of Annual Return (Form MGT-7/7A): Within 60 days from the date of the AGM, corresponding to the financial year (FY 2023-24).
Under the LLP Act, 2008:
Filing of Statement of Accounts (Form LLP-8): Within 30 days from the end of six months of the financial year (FY 2023-24).
Filing of Annual Return (Form LLP-11): Within 60 days from the end of the financial year (FY 2023-24).
It’s crucial for companies to ensure accurate and timely filing of ROC forms/returns to avoid penalties and legal repercussions. Seeking assistance from professionals can help companies navigate through the compliance requirements effectively.
The filing of annual accounts for companies is governed by Sections 129(3), 137, and Rule 12 of the Company (Accounts) Rules, 2014, while the filing of annual returns is governed by Section 92 and Rule 11 of the Companies (Management and Administration) Rules, 2014.
Similarly, the filing of statements of accounts for LLPs is governed by Section 34 of the LLP Act, 2008, in conjunction with Rule 24 of the LLP Rules, 2009, and the filing of annual returns is governed by Section 35 of the LLP Act, 2008, read with Rule 25(1) of the LLP Rules, 2009.
ROC Annual Return Filing Deadline for FY 2023-24
Every company registered under the Companies Act, 2013, and every LLP registered under the Limited Liability Partnership Act, 2008, is obligated to submit all essential ROC filing forms by the specified due dates. Failure to comply with these deadlines can result in severe legal repercussions and substantial penalties. Therefore, it is imperative for companies and LLPs to prioritize staying informed about all crucial due dates, encompassing both annual and ongoing ROC compliance requirements.
The ROC compliance calendar for regular and annual returns during FY 2023-24 is provided below:
| elevant Section and Act | Name of E-form | Purpose of E-form | Due Date of Filing | Due Date for FY 2023-24 |
|---|---|---|---|---|
| Section 139 of Companies Act, 2013 |
Form ADT-1 | Appointment of Auditor | (if applicable) 15 days of the meeting in which the auditor is appointed |
15.10.2024 (*If appointed in AGM and Date of AGM is 30.09.2024) |
| Section 137 of the Companies Act, 2013 |
Form AOC-4 and Form AOC-4 CFS (in case of consolidated financial statements) | Filing of Annual Accounts | 30 days from the conclusion of the AGM (In the case of OPC within 180 days from the close of the financial year) | 29 October 2024
27th September 2024 for OPC |
| Section 92 of the Companies Act, 2013 |
Form MGT-7/MGT-7A | Filing of Annual Return | 60 days from the conclusion of the AGM | 60 days from the conclusion of the AGM or 28th November 2024 (Which Ever is Earlier) |
| Section 148 of the Companies Act, 2013 |
Form CRA-4 | Filing of Cost Audit Report | 30 days from the receipt of the Cost Audit Report | 30 days from the receipt of Cost Audit Report |
| Section 179 of the Companies Act, 2013 |
Form MGT-14 | Filing of resolutions with MCA regarding Board Report and Annual Accounts | 30 days from the date of financial statements and Board Report by the Board of Directors | 30 days from the date of the Board Meeting |
| Vide Gazette notification S.O. 5622(E) dated 02.11.2018 |
MSME Form 1 | Half-yearly return with the registrar in respect of outstanding payments to Micro or Small Enterprise. | For reporting dues to MSME exceeding 45 days, if any on a half-yearly basis | 30th April 2024 (October- March Period) & 31st October 2024 (April-September Period) |
| Section 34 of Limited Liability Partnership Act, 2008 |
MCA LLP FORM 8 | Statement of Accounts of LLP | The Statement of Account and Solvency must be submitted within thirty days of the end of the financial year it pertains to | 30th October 2024 |
| Section 35 of Limited Liability Partnership Act, 2008 |
MCA LLP Form 11 |
Annual Return | Within 60 days of closure of the financial year |
30th May 2024 |
Due Date for AOC-4 NBFC (Ind AS) & AOC-4 CFS NBFC (Ind AS)
The Ministry of Corporate Affairs (MCA) has announced the due dates for filing AOC-4, AOC-4 (CFS), AOC-4 XBRL, AOC-4 Non-XBRL forms for One Person Companies (OPCs) until September 27, 2024, and for other entities until October 29, 2024. Additionally, various forms such as MGT 7/MGT 7-A must be filed by November 28, 2024, within 60 days of the Annual General Meeting (AGM).
The Concept of Penalty/Additional Fees
NOTE: Additional Fees for E-form AOC-4 (XBRL and Non-XBRL) and E-form MGT-7 after the due date is Rs. 100 per day with effect from 1st July 2018.
For other forms or documents etc. the following fee structure is applicable with every delay in filing the form:
| Period of Delays | Fees |
|---|---|
| Up to 30 days | 2 times of normal fees |
| More than 30 days and up to 60 days | 4 times of normal fees |
| More than 60 days and up to 90 days | 6 times of normal fees |
| More than 90 days and up to 180 days | 10 times of normal fees |
| More than 180 days and up to 270 days | 12 times of normal fees |