Ministry of Corporate Affairs (MCA) regulates companies as well as LLPs in India. Both these entities should do e-filing as per requirements given by MCA. These filings are done on the basis of occurrence of any specific events. Companies are supposed to follow Companies Act,2013 and LLPs should follow Limited Liability Partnership Act, 2008.Different forms are prescribed right from the time of incorporation of the company to its winding up. Let us see most important ROC compliances that these entities need to do for FY 2020-21.
Table of Contents |
Significance of ROC Compliances
As far as ROC Compliances relating to annual filing are concerned, the same is very important for company. Annual filing is to be done by a company to submit details like annual financial statements (Balance Sheet and Profit & Loss Statement), Consolidated financial statement of a group along with certain other documents. Similar to a company a Limited Liability Partnership also file certain filings like Form-11, Form-8 etc. to ROC.
Filing with ROC is very important as failing to do so in time will bring several penalties and other repercussions to the company/LLP or its directors. It is therefore very important to follow the timelines for ROC Compliances.
ROC Compliance Calendar
Owing to Covid-19, all the departments have been giving various relaxations to all persons across industry. This includes extension of several due dates, so as to avoid hardships to the businessmen. So, now we will see the ROC Compliance calendar for FY 2020-2021 as per latest announcements from MCA.
Form Name | Description | Due Date | Extended Date |
PAS-6 | This form should be file half-yearly. It is to be filed by unlisted public companies. This contains reconciliation of share capital that should be filed within 60 days of end of half-year. | 30th May, 2021 (for half year Oct-2020 to Mar-2021)
29th November,2021 (for half year April-21 to September-21) |
31st August 2021 (for half year Oct-2020 to Mar-2021) |
DPT-3 | Every company needs to file this form. It should contain details about deposits and/or outstanding receipt of loan or money. | 30th June, 2021 | 31st August,2021 |
Form ADT-1 | This form should be filed to intimate ROC about appointment of an auditor. It should be filed within 15 days of conclusion of AGM | 14th October,2021 | 14th December, 2021 |
DIR-3 KYC | KYC should be submitted for directors having DIN status as “Approved” | 30th September,2021 | 30th September,2021 |
Form AOC-4 | In this form companies are required to file their annual accounts. It should be filed within 30 days from conclusion of AGM | 30th October, 2021 | 30th December, 2021 |
MGT-7 | A company is required to file its annual return in this form. It should be filed within 60 days from the conclusion of AGM. | 29th November,2021 | 29th January,2022 |
MGT-14 | Filing of resolutions with ROC. All resolutions are filed under this form. Annually resolution for Board Report and Annual Accounts should be submitted | 30th October, 2021 | 30th December, 2021 |
Forms related to MSME | Companies that are specified to do so, should file forms with details regarding outstanding payable to MSMEs ( Medium, Small and Micro Enterprises) | 30th April,2021 ( For period Oct-20 to Mar-21)
31st October, 2021 (For April-21 to September-21) |
No change |
Form-11 | LLP should file annual statement in this form. It should contain details about members of the firm and specified details of business. To be filed within 60 days after close of financial year | 30th May,2021 | 31st August,2021 |
Form-8 | In this form LLP should file details about its financial statements. This is required to be filed annually with ROC | 30th October, 2021 | 30th October, 2021 |
Other General Points
- It may be noted that these dates are as latest notifications from MCA. These dates may still change further depending on demand from industry.
- It is possible to file these forms online. In case of assistance, MCA has setup Certified Filing centers (CFCs). The CFCs file annual forms by charging service charges.
- Guidelines regarding filing of these forms should be followed judicially. The latest forms only should be downloaded for filing.
- Old LLP portal is also integrated with MCA portal and same user-id etc. can be used to do filing on ROC website.
Conclusion
Above are the most important forms that a company or a LLP need to file with ROC. In addition to this various forms are there which need to filed based on the facts and circumstances. The filing of these forms in a timely manner is very important for the companies/LLPs. The companies/LLPs should ensure to adhere to timelines and avoid unnecessary penalties. In case of any need of assistance in this regard please feel free to reach out to our team at Legal Window. Our team will be more than pleased to serve you.
Neelansh Gupta is a dedicated Lawyer and professional having flair for reading & writing to keep himself updated with the latest economical developments. In a short span of 2 years as a professional he has worked on projects related to Drafting, IPR & Corporate laws which have given him diversity in work and a chance to blend his subject knowledge with its real time implementation, thus enhancing his skills.
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