AOC-4 Filing: Everything You Need to Know

AOC-4 Filing: Everything You Need to Know


AOC-4, also known as the Annual Return, is a mandatory filing requirement for all companies registered under the Companies Act 2013 in India. It is a comprehensive report that summarizes the company's financial performance, including information such as balance sheet, profit and loss account, and shareholder details. AOC-4 filing is an essential compliance requirement for all companies and plays a vital role in ensuring transparency and accountability.


Companies need to file the AOC-4 form annually to provide detailed financial information to the Ministry of Corporate Affairs. Non-compliance with AOC-4 filing requirements can result in severe penalties, fines, and legal consequences for the company's directors. Therefore, it is imperative for all companies to understand the AOC-4 filing requirements and meet the prescribed deadline to avoid any negative consequences.


Objective of AOC-4 Filing 


The primary objective of filing AOC-4 is to provide financial statements and relevant documents to the Registrar of Companies (RoC) and ensure compliance with the Companies Act, 2013. AOC-4 stands for "Annual Financial Statement and Annual Return" and is a mandatory document that every company registered under the Companies Act, 2013 is required to file with the RoC. The AOC-4 form contains critical information related to the company's financial performance, such as balance sheets, profit and loss statements, cash flow statements, and other important disclosures. The AOC-4 filing is essential to ensure the company's transparency and to provide stakeholders, such as investors, creditors, and shareholders, with a comprehensive view of the company's financial position. Companies that fail to file AOC-4 within the specified time limit are liable for penalties and face legal consequences. Therefore, it is essential for companies to understand the filing requirements and comply with the statutory obligations in a timely manner.


Filing requirement 


AOC-4 is an e-form mandated by the Ministry of Corporate Affairs (MCA) for companies to file their financial statements with the Registrar of Companies (RoC). As per Section 137(1) of the Companies Act, 2013, a company is required to file a copy of its financial statements, which have been duly adopted by its members, along with all the documents that are required to be attached to such financial statements, in e-form AOC-4/AOC-4(CFS). The filing requirement applies to all companies registered under the Companies Act, including private limited, public limited, and one-person companies. The filing of AOC-4 is mandatory, and failure to do so can lead to penalties and legal consequences. The e-form AOC-4 is available on the MCA portal and can be filed online with the RoC. The filing of AOC-4 is an essential compliance requirement for companies and must be completed within the stipulated time frame to avoid any penalties.


Time Limit for Filing AOC-4


As per the Companies Act, 2013, the AOC-4 form must be filed within 30 days from the date of the Annual General Meeting (AGM) or the date on which the AGM should have been held. In case of One Person Company (OPC) or Small Company, the form must be filed within 60 days from the end of the financial year. It is important to note that non-filing or delayed filing of the AOC-4 form can attract penalties and fines. Therefore, it is essential to ensure that the form is filed within the stipulated time limit.


Penalties for late filing


If a company fails to file a copy of its financial statements before the deadline, it will face a penalty of Rs. 10,000. In the event of continued non-compliance, a further penalty of Rs. 100 for each day during which such failure persists will be imposed, subject to a maximum of Rs. 2 lakh. The Managing Director, Chief Financial Officer, or any other director charged with the responsibility of ensuring compliance with the filing requirements will also be held liable for a penalty of Rs. 10,000. If the failure to file the financial statements continues beyond the first day, a further penalty of Rs. 100 for each day will be imposed, subject to a maximum of Rs. 50,000, and all directors of the company will be held responsible. These penalties are prescribed under Section 137(3) of the Companies Act, 2013.

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