Comprehensive Guide to AOC-4 Filing

Comprehensive Guide to AOC-4 Filing


AOC-4, which is also known as the Annual Return, is a compulsory filing obligation for all companies registered under the Companies Act 2013 in India. The report is a comprehensive summary of the company's financial performance and includes details such as balance sheet, profit and loss account, and shareholder information. Filing AOC-4 is a crucial compliance requirement for companies as it helps ensure transparency and accountability.


The AOC-4 form needs to be filed annually by companies to provide detailed financial information to the Ministry of Corporate Affairs. Non-compliance with AOC-4 filing requirements can result in severe consequences such as penalties, fines, and legal action against the company's directors. Therefore, it is crucial for all companies to understand the AOC-4 filing requirements and adhere to the prescribed deadline to avoid any negative repercussions.


Purpose of filing AOC-4


The primary goal of filing AOC-4 is to provide financial statements and relevant documents to the Registrar of Companies (RoC) and comply with the Companies Act, 2013. It is a mandatory document that all companies registered under the Companies Act, 2013 must file with the RoC. The AOC-4 form contains critical information regarding the company's financial performance, such as balance sheets, profit and loss statements, cash flow statements, and other essential disclosures. The AOC-4 filing is essential to ensure the company's transparency and provide stakeholders such as investors, creditors, and shareholders with a comprehensive view of the company's financial position. Failure to file AOC-4 within the specified time limit can result in penalties and legal action, making it essential for companies to understand the filing requirements and comply with the statutory obligations within the stipulated time.


Requirement to file


AOC-4 is an e-form that the Ministry of Corporate Affairs (MCA) has mandated for companies to file their financial statements with the Registrar of Companies (RoC). Section 137(1) of the Companies Act, 2013 requires companies to file a copy of their financial statements, which have been duly adopted by their members, along with all the documents 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. AOC-4 filing is compulsory, and failure to comply can result in penalties and legal consequences. The e-form AOC-4 is available on the MCA portal and can be filed online with the RoC.


Deadline for submission of AOC-4


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, according to the Companies Act, 2013. For One Person Company (OPC) or Small Company, the form must be filed within 60 days from the end of the financial year. It is critical to note that non-filing or delayed filing of the AOC-4 form can lead to penalties and fines, making it essential to ensure that the form is filed within the stipulated time limit.


The consequences of filing late


If a company fails to file a copy of its financial statements before the deadline, it will face a penalty of Rs. 10,000, according to Section 137(3) of the Companies Act, 2013. If the non-compliance continues, 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 responsible for 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


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