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WHAT IS THE PROCEDURE OF COMPANY CLOSER?

WHAT IS THE LAST DATE OF FILLING ROC?

INTRODUCTION

Registrars of Companies (ROC) appointed under Section 609 of the Companies Act covering the various States and Union Territories are vested with the primary duty of registering companies and LLPs floated in the respective states and the Union Territories and ensuring that such companies and LLPs comply with statutory requirements under the Act. These offices function as registry of records, relating to the companies registered with them, which are available for inspection by members of public on payment of the prescribed fee. The Central Government exercises administrative control over these offices through the respective Regional Directors.

THE LAST DATE OF FILING ROC DEPENDS ON THE TYPE OF FORM THAT YOU ARE FILING. HERE ARE SOME OF THE COMMON ROC FORMS AND THEIR LAST DATES OF FILING:

    • Form MGT-7 – This form is used to file the annual return of a company. The last date of filing Form MGT-7 is within 60 days from the date of the annual general meeting (AGM). For the financial year 2022-23, the last date of filing Form MGT-7 is 28 November 2023.
    • Form AOC-4 – This form is used to file the audited financial statements of a company. The last date of filing Form AOC-4 is within 180 days from the end of the financial year. For the financial year 2022-23, the last date of filing Form AOC-4 is 27 September 2023 for OPCs and 29 October 2023 for other companies.
    • Form DIR-3 – This form is used to file the director identification number (DIN) of the directors of a company. The last date of filing Form DIR-3 is within 30 days from the date of appointment of a director.

     

    There are also penalties for late filing of ROC forms. The penalty for late filing of Form MGT-7 is Rs. 100 per day, up to a maximum of Rs. 3 lakhs. The penalty for late filing of Form AOC-4 is Rs. 500 per day, up to a maximum of Rs. 5 lakhs. The penalty for late filing of Form DIR-3 is Rs. 500 per day, up to a maximum of Rs. 1 lakh

HERE ARE THE STEPS ON HOW TO FILE ROC FORMS

  1. Gather the necessary documents – The specific documents that you need will vary depending on the type of form that you are filing. However, you will typically need to provide the following:
    1. A copy of your company’s certificate of incorporation.
    2. A copy of your company’s latest annual return.
    3. A copy of your company’s latest audited financial statements.
    4. A copy of your company’s board resolution authorizing the filing of the form.
    5. The signatures of all of your company’s directors and shareholders.
  1. Download the relevant form from the MCA website The MCA website has a list of all of the ROC forms that are available. You can download the form that you need and save it to your computer.
  2. Fill out the form carefully – Make sure that you provide all of the required information and that you sign the form in the correct places. If you are not sure how to fill out the form, you can consult with a lawyer or a chartered accountant.
  3. Attach the required documents-  Scan the required documents and attach them to the form as PDF files.
  4. Sign the form digitally – You can use a digital signature certificate (DSC) to sign the form digitally. A DSC is a secure electronic signature that is used to verify your identity. You can obtain a DSC from a licensed DSC provider.
  5. Upload the form to the MCA website – You can upload the form to the MCA website using the MCA e-Form portal.
  6. Pay the filing fee – The ROC charges a fee for filing forms. You can pay the fee online using the MCA e-Payment portal.
  7. Track the status of your filing – You can track the status of your filing using the MCA e-Form portal. The portal will show you the status of your filing and any messages from the ROC.

ADVANTAGES

THERE ARE MANY ADVANTAGES TO FILING ROC FORMS BEFORE THE LAST DATE.

  1. You will avoid penalties – As mentioned earlier, there are penalties for late filing of ROC forms. The penalties can be quite steep, so it is in your best interest to file your forms on time.
  2. You will maintain a good compliance record – Filing your ROC forms on time shows that you are a compliant company. This can be important if you are seeking financing or doing business with other companies.
  3. You will avoid legal problems – If you fail to file your ROC forms, you could be subject to legal action by the ROC or other government agencies. This could lead to fines, penalties, or even imprisonment.
  4. You will protect your company’s reputation – A company that fails to file its ROC forms is seen as being unprofessional and unreliable. This could damage your company’s reputation and make it difficult to attract customers or investors.
  5. You will have peace of mind – Filing your ROC forms on time will give you peace of mind knowing that you are in compliance with the law and that your company is protected from penalties and legal problems.

DISADVANTAGES

THERE ARE SEVERAL DISADVANTAGES TO FILING ROC FORMS AFTER THE LAST DATE:

  1. You will be subject to penalties – As mentioned earlier, there are penalties for late filing of ROC forms. The penalties can be quite steep, so it is in your best interest to file your forms on time.
  2. Your company may be suspended or dissolved – If you fail to file your ROC forms for a prolonged period of time, your company may be suspended or dissolved by the ROC. This could have serious consequences for your business, including the loss of your company’s legal status, the inability to conduct business, and the loss of your assets.
  3. You may be barred from filing future ROC forms – If you have a history of late filing, you may be barred from filing future ROC forms. This could make it very difficult to operate your business in India.
  4. You may be subject to legal action – If you fail to file your ROC forms, you could be subject to legal action by the ROC or other government agencies. This could lead to fines, penalties, or even imprisonment.
  5. Your company’s reputation may be damaged – A company that fails to file its ROC forms is seen as being unprofessional and unreliable. This could damage your company’s reputation and make it difficult to attract customers or investors.

CONCLUSION

ROC filing is a legal requirement, and non-compliance can attract penalties and legal action. Maintaining Company Records: ROC filing helps maintain accurate and up-to-date records of a company, including details about its directors, shareholders, financial statements, and other important information.