ROC annual compliances of Company

ROC annual compliances of Company

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ROC annual compliances of Company - Process, Procedure, Document Required, Fees, Eligibility, Duration

Annual ROC (Registrar of Companies) Compliances are detailed reports on business practices that are expected to be submitted on time by every registered firm in India. Annual compliances for the companies are required for every registered company, whether it conducts a single business transaction or multiple transactions. The company must comply with the annual compliance obligation regardless of its entire turnover or capital amount.

A company is a legal body formed by a group of people to conduct and manage a business. In India, companies are of the types of Private Limited Company, Partnership Firm, One Person Company, and others.

The Companies Act of 1956 governs the formation of a company in India. Once a company is formed, it must adhere to several regulations. According to these regulations, all companies registered in India must maintain yearly compliances, such as annual returns and income tax returns with the Registrar of Companies (ROC).

The Registrar of Companies is the regulatory authority within the Ministry of Corporate Affairs (MCA) in charge of enforcing the Companies Act, 2013. Section 609 of the Company Act of 1956 entrusts the ROCs with the principal task of registering companies formed in the respective states and union territories under their jurisdiction. The ROC grants firms registration or incorporation certificates and regulates their administrative activities.

Why is ROC compliance required?

ROC compliance is required for every registered company in India. The following are the reasons that make ROC compliance necessary:

  • The ROC is in charge of company registration as well as company reporting and regulation. It regulates the directors and shareholders of a company. The companies must adhere to the guidelines provided by the ROC.
  • The ROC is in charge of overseeing government reporting on a variety of issues, including the annual filing of various documents. The ROC compliance makes annual filing necessary.
  • The ROCs ensure that the companies comply with the statutory responsibilities imposed by the Companies Act. Companies should follow the guidelines laid down by this body.
  • The private firm can avoid penalties and other legal concerns by filing the yearly return regularly. If, on the other hand, the firm fails to file the return, the company's status will be moved to default, and the penalty for this failure would be severe.

 

ROC Filing Form

There are various compliance and forms which are required to be filed by a company to inform the ROC regarding the changes made within the Company such as a change in Director, change in Authorized Share Capital, Return of Allotment, the appointment of Statutory Auditor, and so on. The forms include:

  • DIR-3 KYC (Director’s KYC Declaration)
  • ADT-1 (Auditor Appointment)
  • AOC-4 and AOC-4 CFS (Declaration of Annual Accounts)
  • MGT-7 (Annual Returns)
  • MGT-14 (Resolution with MCA regarding Board Report and Annual Accounts)

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ROC annual compliances of Company Frequently Asked Questions

Compliance with the law is a basic obligation for any business. The ROC annual compliance of the company includes the following: • Companies must produce annual accounts and returns to the Registrar, which include information about its shareholders, directors, and other stakeholders. • Income tax compliances include quarterly advance tax payments, submission of income tax returns, and filing of the Tax Audit report. • Every Director of a company who has been assigned a DIN must file form DIR-3 KYC with the ROC to provide their KYC details for each fiscal year. • The company must maintain its active status by completing an annual report with the MCA. • Every private company must file audited financial statements and an annual return with the MCA for each fiscal year.
Forms are submitted to give details of business activity and financial dates for the mentioned Fiscal Year. If the company fails to file the return consistently, the company's name may be removed from the MCA registry, including the disqualification of company directors. The penalty for failing to file Form MGT-7 within the required time limit is Rs. 100 per day. If the company fails to file the ROC Filing, the company and the directors would be fined Rs. 50,000. If Form AOC-4 is not filed, a company and its members and directors are subject to a penalty of a daily fine of Rs. 1,000.

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