Annual Return of Private Ltd Company
₹5,000/- (including all)
- Discussion and collection of basic Information
- Provide Required Documents
- Decide the due dates of ROC filing for Pvt. Ltd. Company
- Drafting necessary documents
- Attachment of supporting documents
- Filing of AOC – 4 (Financial Statements)
- Filing of MGT – 7 (Annual Return)
What is Annual Return of Private ltd Company?
Once you register a Pvt Ltd Company in India, there are certain legal rules that you must follow annually. These rules are known as Annual Compliance and they require companies to submit pertinent information regarding their finances and board meetings. As per the Companies Act, 2013, it is mandatory for companies to appoint an auditor within 30 days of the company incorporation or within 60 days of the company incorporation date by way of calling EGM. As per the Companies Act, 2013, if you want to register a Pvt ltd companies in India, you must also note that you need to regularly share information regarding accounts, conduct a minimum of four board meetings annually, and share the minutes of the meetings, and any transfer details regarding the accounts book. Additionally, as per Section 96 of the Companies Act, 2013, you must also have an Annual General Meeting, with a maximum of 15 months’ gap between each meeting. However, if you have only recently completed your company incorporation, note that you must have an Annual General meeting within the first 6 months from the date of the closure of every financial year, and also the first 9 months within the date of the first closure of the financial year for your company.
Advantages of Annual Return
Documents Requirements
Incorporation Document
PAN Card, Certificate of Incorporation and MoA – AoA of Private Company
Audited Financial Statements
Financial Statements must be audited by independent auditor
Audit Report & Board Report
Independent auditor’s report and Board report must be provided
DSC of Director
Valid and active DSC of one of the directors must be provided
Procedure
Frequently Asked Questions
Yes, RoC compliance for Private Limited Companies are necessary for every registered company. Irrespective of the total turnover or the capital amount, the company must comply with the annual compliance requirement. The annual compliance is due after the AGM of the company since its first financial year.
Since July 2018, companies failing to follow the statutory compliance for Private Limited will be charged ₹100 for each day of a delay till the actual date of filing. There is no ceiling limit to an additional fee. For continuous failure, penalty apart from the additional Government fee can be levied on both – company and directors, including the imprisonment.
Audited financial statements are necessary for every company since its incorporation. The company must file the audited statements only. Also, non-audit of financial statement is not an excuse to delay the annual filing.
A company can opt to appoint a statutory auditor either for a period of five consecutive years or till the conclusion of next AGM. Therefore, an appointment of the statutory auditor cannot be considered as a part of annual compliance.
As per Companies Act, 2013 it is mandatory to submit the signed Director Report for every financial year with MCA by filing an Annual return of the company. The Director Report is considered as an attachment for the form MGT-7.
Form ADT-1 is required to be filed for appointment or replacement of Statutory Auditor.
MGT-9 is an attachment to the company’s director report which is an extract of MGT-7 and addresses the following :
- Registration and other details like CIN, date of incorporation, companies name and address of a registered office
- Principle business activity of the company
- Of holding, subsidiary, and associate companies
- Shareholding pattern
- Indebtedness of the company
- Remuneration of managing directors, directors and/or manager, and key managerial personnel.
- Penalties/ Punishment/ Compounding of offense.
How should the transfer or transmission of shares of the company be notified to the MCA?
Such intimation can be made through filing MGT-7 by the company.
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