Thursday, October 8, 2015

Filing Financial Statements & Annual Return with MCA under Companies Act, 2013

AOC-4- Filing of financial Statements with MCA
Who are required to file AOC-4?
Every Company is required to file its financial statement in AOC-4,
Consolidated Financial Statements are also required to be filed  in case of company having its subsidiary.
Attachments : Copy of Audittors' Report, Financial Statements & Board Report
Time Limit within 30 days of the Annual Meeting
AOC-4 is in lieu of 23AC and 23ACA.
MGT-14 – Filing of Approval of Financial Statements with MCA
Who are required to file MGT-14?
Every Public and private company is required to file MGT-14 for resolution passed in General Meeting
Exception- Private Company is not required to file MGT-14 for approval of accounts and  board report.
Attacments : Copy of Resolutions passed at General Meeting and for Public Limited Company resolution passing or approving Financial Statements
ADT-1- Filing of Appointment of Auditor, if not done earlier for 5 years
Who is required to file ADT-1?
Every company making fresh appointment of Statutory Auditor for a term of 5 consecutive years shall file ADT-1.
ADT-1 is not required to be filed for Ratification of Auditor. The Companies are required to ratify the appointment of Statutory Auditors who was appointed in last AGM for 5 financial years.  An Ordinary Resolution is to be passed at this AGM for ratification to continue as Statutory Auditor of the Company.
Attachments: Resolution for Appointment of Auditor, Appointment letter issued by the company to Auditor/ Audit Firm, Consent letter mentioning their eligibility by the Auditor/ Audit Firm
MGT-7- Filing of Annual Return with MCA
 Who are required to file MGT-7?
Every Company is required to file its annual return in MGT-7.
MGT-7 is in lieu of 20B.
Attachments : List of Shareholders and for Public Limited company only MGT -8
MGT-8 (Attachment to the E- Form MGT-7)
Who are required to get certificate in Form MGT-8?
Company having
a)       paid up capital 10 crore or more
b)      turnover of 50 crore or more
is required to get certificate in MGT-8 by any Practicing Company Secretary.
MGT-9 (Attachment to E- Form AOC-4)
Who are required to prepare MGT-9
Every Company filing MGT -7 has to prepare MGT-9 for attaching with E-Form MGT-7

  • Each attachment to the e-forms shall be duly signed by any of the directors of the Company.
  • Auditor or any other qualified representative should be present at AGM
  • Special Resolutions passed in General Meeting are required to be attached with MGT -14 by all companies and copies should be signed by the directors.
  • Notice of the AGM should include Route Map of venue of AGM 
  • Minutes of the Board Meeting and General Meeting should be serially numbered with effect from 1st july, 2015
  • MGT -15 is required to be filed by the listed company with in 30days from the conclusion of the AGM
  • No CFS is to be prepared if company is having only Associates and Joint Ventures but no subsidiary company. AOC-1 is to be attached with Financial Statement giving required particulars of subsidiary companies, Joint Ventures & Associates. 

 What are the points to consider  for accurate filing of  Annual return under Companies Act,2013 ?

MGT-7 and MGT 9 of Annual Return Under Companies Act 2013 ( Form 20B under Companies Act 1956) Section 92(1)

Every Company has to prepare Boards Report in compliance with Sec 134 and other relevant sections of Companies Act, 2013 including summary of annual report in Form MGT 9.
Every company is required to prepare annual return containing the particulars as they stood on the close of the financial year regarding—
·         Registered office, business activities and particulars of its holding, subsidiary &  associate companies
·         Shares, debentures and other securities and shareholding pattern, indebtedness along with changes therein since the close of the previous financial year
·         Directors, key managerial personnel along with changes therein since the close of the previous financial year
·         Meetings of members, Board and various committees along with attendance details and remuneration of directors and key managerial personnel
·         Penalty or punishment imposed on the company, directors or officers and details of compounding of offences and appeals made against such penalty or punishment. The matters relating to certification of compliances & other disclosures as required.
·         Details of shares held by or on behalf of the Foreign Institutional Investors indicating their names, addresses, countries of incorporation, registration and percentage of shareholding held by them and signed by a director and the company secretary, or where there is no company secretary, by a company secretary in practice
·         Provided that in relation to One Person Company and small company, the annual return shall be signed by the company secretary, or where there is no company secretary, by the director of the company E-Form MGT-7
·         The annual return, filed by a listed company or a company having paid-up share capital of ten crore rupees or more or turnover of fifty crore rupees or more, shall be certified by a Company Secretary in practice and the certificate shall be in Form No. MGT.8. 
Contributed by Pooja Aggarwal