AOC-4

 An Overview of AOC-4 Filing: Essential Guidelines


AOC-4, commonly referred to as the Annual Return, is an obligatory filing obligation that applies to all companies incorporated under the Companies Act 2013 in India. This imperative report serves as a comprehensive summary of a company's financial performance, encompassing crucial details like the balance sheet, profit and loss account, as well as shareholder information. AOC-4 filing plays a pivotal role in promoting transparency and accountability by ensuring that companies disclose their financial information accurately.


To comply with regulatory requirements, companies must file the AOC-4 form on an annual basis, providing in-depth financial particulars to the Ministry of Corporate Affairs. Neglecting to fulfil the AOC-4 filing obligations can result in severe penalties, fines, and legal repercussions for the directors of the company. Hence, it is of utmost importance that companies familiarise themselves with the AOC-4 filing requirements and adhere to the specified deadline to avoid any adverse consequences.





The objective of AOC-4 Filing


The primary aim behind filing AOC-4 is to fulfill the requirement of providing financial statements and pertinent documents to the Registrar of Companies (RoC) in order to ensure compliance with the Companies Act, 2013. AOC-4 stands for "Annual Financial Statement and Annual Return" and is a compulsory submission for all companies registered under the Companies Act, 2013, which must be filed with the RoC. The AOC-4 form contains crucial details regarding the company's financial performance, encompassing balance sheets, profit and loss statements, cash flow statements, and other significant disclosures. The filing of AOC-4 is crucial to establish transparency within the company and to provide stakeholders like investors, creditors, and shareholders with a comprehensive understanding of its financial status. Failure to submit AOC-4 within the designated timeframe can lead to penalties and legal repercussions. Hence, it is imperative for companies to comprehend the filing requirements and fulfill their statutory obligations promptly.



Filing Requirement


AOC-4 is an electronic form mandated by the Ministry of Corporate Affairs (MCA) for companies to submit their financial statements to the Registrar of Companies (RoC). As per Section 137(1) of the Companies Act, 2013, companies are obliged to file a copy of their financial statements duly adopted by their members, along with all the necessary attachments, in the form of e-form AOC-4/AOC-4(CFS). This filing requirement applies to all types of companies registered under the Companies Act, including private limited, public limited, and one-person companies. Compliance with AOC-4 filing is mandatory; failure to do so can result in penalties and legal consequences. The e-form AOC-4 is accessible on the MCA portal, enabling online filing with the RoC. Timely completion of AOC-4 filing within the stipulated timeframe is an essential compliance obligation for companies to avoid any penalties.


Time Limit for AOC-4 Filing


According to the provisions of 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 scheduled AGM date. However, for One Person Companies (OPCs) or Small Companies, the filing deadline is extended to 60 days from the end of the financial year. It is crucial to note that late or non-filing of the AOC-4 form can result in penalties and fines. Therefore, ensuring the form is submitted within the prescribed time limit is imperative.


Penalties for Late Filing


Failure to submit a copy of the financial statements within the deadline will attract a penalty of Rs. 10,000 for the company. In cases of continued non-compliance, an additional penalty of Rs. 100 per day will be imposed for each day during which the failure persists, 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 accountable and face a penalty of Rs. 10,000. If the failure to file the financial statements extends beyond the first day, an additional penalty of Rs. 100 per day, up to a maximum of Rs. 50,000, will be levied, and all directors of the company will be held responsible. These penalties are stipulated under Section 137(3) of the Companies Act, 2013.

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