Registrar of Companies (ROC) is the official agency that deals with the administration of Companies Act 1956 and it falls under the Ministry of Corporate Affairs. All the Companies incorporated under the Companies Act, 1956 are mandatorily required to file various forms, returns and documents with the Registrar of Companies (ROC) in an electronic mode within the prescribed time along with the prescribed fees.
Companies have to Comply with ROC by filing the various return, forms and documents and these could be categorized in two heads.
Annual compliance filling – Compliances which are required to be made once in a year by all the companies incorporated under the Companies Act, 1956.
Other Compliance fillings – Compliances which are required to be made from time to time on various events.
As a part of Annual Filing, Companies incorporated under the Companies Act 1956, are required to file the following e-Forms with the Registrar of Companies (ROC):
Form 23AC: For filing Balance Sheet by all Companies
Form 23ACA: For filing Profit & Loss Account by all Companies
Form 20B: For filing Annual Return by Companies having share capital
Form 66: For filing Compliance Certificate by Companies having paid up capital of Rs. 10 lakh – Rs. 2 crores
Form 21 A: For filing Annual Return by Companies not having share capital
What is the due date for filing of annual return?
Form 66, 23AC, 23ACA should be filed within 30 days from the date of AGM. Form 20B should be filed within 60 days from the date of AGM.
What is the penalty imposed if a Pvt. Ltd Co. fails to file an annual return on time?
As per Section 162 of the Companies Act, 1956, if a Company fails to comply with the provisions of Section 159, then the Company and every officer who is in default shall be punishable with a fine for the period for which default continues.
How to know the status of e-forms filed with ROC?
On Successful e-filing and payment of e-form an SRN (Service Request Number) is provided and with the help of this number one can view the status of the transaction using the “Track your transaction status” link in the website of MCA. Moreover, once the form has been approved by the concerned official of the Ministry, one will receive an email regarding the same and the status of the form will get changed to Approved. In case the status is other than approved, necessary action needs to be taken.
Can an Annual filing e-Forms already filed be revised?
Yes, revised filing of all Annual filing e-Forms except Form 23AC/ACA can be done in respect of the Forms already filed but the fees for subsequently revised filing shall be charged, assuming it as a new filing.