Introduction
Registrar of Companies requires all the businesses registered in India to file certain forms every year. Irrespective of their structure, In India business, are required to adhere to these compliances. Hence, Private Limited Company, Public Limited Company, LLP, etc. shall have to file ROC annual every for before the due date. We are approaching the last few days of March for the closure of the Financial Year (FY) 2021-22. It means there are many things that must prepare for business and a set of compliances that needs to follow in the next Fiscal Year, 2022-23.
MCA filing Annually for the F.Y. 2021-22 and the company also files the e-forms with the Ministry of Corporate Affairs (MCA) in the Financial year 2022-23 which are given below:-
1. MSME Form I
This Form is furnishing for half-yearly return with the registrar in respect of payments to both enterprises i.e. Micro and Small Enterprises. According to section 405 of the companies Act, 2013, Companies take from Micro and Small Enterprises vendors, and if the payments are pending to Micro and Small Enterprises for a period of exceeds 45 days. The due date for MSME Form I is half-yearly Returns for the Half Year ending on 31st March and 30th September of between 30th April and 30th October. In case of nil return then it is not required to Filing the return.
2. Form MBP-1 According to section 184 of the companies act, 2013
In the first board meeting, every director participates in the meeting as a Director.
At the first board meeting disclose all the changes which are already made his concern or intersect in any company, body corporate, firm, or any other association of individual which shall also include the shareholding. The due date of Form MBP-1 is in every financial year at the first board meeting.
Form PAS-6 (Reconciliation of Share Capital Audit Report (Half-yearly))
According to Rule 9A (8) of Companies Rules, 2014: Every unlisted Company except Nidhi / Govt. company, etc. file ROC within 60 days from the conclusion of each half year.
Form MGT-7 & Form MGT-7A
According to section 92 and rules of the companies Act, 2013: All companies made returns within 60 days from the due date of AGM, and OPC file ROC within 60 days after 6 months of the closing of the financial year.
Form MGT-14
It is Approval of Financial Statements and Directors’ Report and it is Only for Public Limited Companies. According to the Section 117 read with Section 179 and rules made therein for filing the pre- AGM Board Meeting date within 30 days.
Important points of Board meetings for the Company, LLP, Firm
Every company shall be held the annual general meeting within the period of 6 months from the date of closing of the F.Y. and the two general meetings gap shall not be more than 15 months.
The company shall be held the first annual general meeting within a period of 9 months from the date of closing of the F.Y. and it shall not be necessary for the Company to hold any general meeting in the year of its corporation.
Every financial year top 100 companies that are capitalized shall behold annual general meetings within a period of 5 months from the date of closing of the F.Y.
In any company or body corporate the financial year is ending on 31st March every year.
Due Dates of the Financial Year for AGMs
The Due Date of the First AGMs is 31 December 2022
All other cases and 2nd AGMs of the due date are on or before 30th September 2022
The due date for the Top 100 entities which are capitalized by the market for filing ROC is 31st August 2022.
Every company must hold the four Board Meetings every year with a maximum interval of 120 days between any two Consecutive Meetings by its Board of Directors. One Person Company, a small company, or any Dormant Company shall hold the Board meeting in each Half of the Calendar Year and the gap is not less than 90 days between the two Board Meetings.
Consequences of Non-Filing or Delayed Filing
Mandatory forms shall lead to rigid penal consequences for Non- Filing. In case the company fails to comply with the rule and regulations which is laid down in the Companies Act, then every officer of the company (generally Directors& KMPs) shall be punishable with a penalty or fine.
According to the provisions, the penalty imposed for non-filing or delaying the filing of other forms is filing the additional fees which have up to 12 times the normal filing fees.
Submission of KYC within due date then the filing fee is nil. In case, KYC submits after the due date then he shall be filed with the fine of Rs.5, 000.
If you file the Annual Filing after the Due date then he shall be filed with additional fees of Rs.100 per day.
If the company fails to file the Form MGT-14 within the time then he may be filed with a penalty of Rs.10, 000 and Rs.100 per day and if any officer fails to file the Form MGT-14 within the due date then he may also be filed with a fine of Rs.10, 000 and Rs.100 per day.
Conclusion
It concluded that the Private Limited Company, Public Limited Company, LLP, etc. shall have to file ROC annual every for before the due date. We are approaching the last few days of March for the closure of the Financial Year (FY) 2021-22. It means there are many things that must prepare for business and a set of compliances that need to follow in the next Fiscal Year, 2022-23. MCA filing annually for the F.Y. 2021-22 and the company also files the e-forms with the Ministry of Corporate Affairs (MCA) in Financial Year 2022-23. In any company or body corporate the financial year is ending on 31st March every year.
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