Easy Guide to Form AOC-4 Filing: Due Dates, Fees, and Process [2024-25]

Form AOC-4 Filing

Filing Form AOC-4 is a critical compliance requirement for companies registered under the Companies Act, 2013. This form facilitates the submission of financial statements and pertinent documents to the Registrar of Companies (RoC). Understanding the due dates, associated fees, and the filing process is essential to ensure adherence to statutory obligations and to avoid penalties.

What is Form AOC-4?

Form AOC-4 is the prescribed form for filing a company’s financial statements, including the balance sheet, profit and loss account, cash flow statement (if applicable), and other relevant documents, with the RoC. This submission provides a transparent view of the company’s financial health and operational performance to stakeholders and regulatory authorities.

Who is Required to File Form AOC-4?

All companies registered under the Companies Act, 2013, including private limited companies, public limited companies, one-person companies (OPCs), and small companies, are mandated to file Form AOC-4 annually. However, the format and requirements may vary:

  • OPCs and Small Companies: These entities are required to file a simplified annual return using Form AOC-4.
  • Companies under XBRL Requirements: Certain companies are required to file their financial statements in XBRL (Extensible Business Reporting Language) format. These include:
    • All companies listed with any stock exchange in India and their Indian subsidiaries.
    • Companies with a paid-up capital of ₹5 crore or above.
    • Companies with a turnover of ₹100 crore or above.

Such companies must file their financial statements and other documents in e-Form AOC-4 XBRL.

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Due Dates for Filing Form AOC-4

The due date for filing Form AOC-4 is contingent upon the company’s Annual General Meeting (AGM):

  • Standard Companies: Form AOC-4 must be filed within 30 days from the conclusion of the AGM. For instance, if the AGM is held on 30th September, the filing should be completed by 30th October.
  • One Person Companies (OPCs): OPCs are required to file Form AOC-4 within 180 days from the end of the financial year, as they are not mandated to hold an AGM.

Adhering to these timelines is crucial to maintain compliance and avoid penalties.

Filing Fees for Form AOC-4

The filing fee for Form AOC-4 is determined based on the company’s nominal share capital:

  • Nominal Share Capital up to ₹1,00,000: ₹200 per document.
  • Nominal Share Capital between ₹1,00,000 and ₹4,99,999: ₹300 per document.
  • Nominal Share Capital between ₹5,00,000 and ₹24,99,999: ₹400 per document.
  • Nominal Share Capital between ₹25,00,000 and ₹99,99,999: ₹500 per document.
  • Nominal Share Capital ₹1,00,00,000 or more: ₹600 per document.

For companies not having a nominal share capital, the fee is ₹200 per document.

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Penalty for Late Filing

Non-compliance with the filing deadlines attracts penalties:

  • Late Filing Fee: A penalty of ₹100 per day of delay until the date of filing, with no upper limit on the total penalty. SAG Infotech Blog
  • Additional Penalties: The company may face a fine ranging from ₹50,000 to ₹5,00,000. Officers in default, such as directors and the Chief Financial Officer, may be fined between ₹50,000 and ₹5,00,000, or face imprisonment for up to six months, or both. Superca

Timely filing is imperative to avoid these stringent penalties.

Step-by-Step Guide to Filing Form AOC-4

Filing Form AOC-4 involves several steps to ensure accurate and complete submission:

1. Preparation of Financial Statements

Ensure that the company’s financial statements are prepared and audited in accordance with the applicable accounting standards. These include:

  • Balance Sheet.
  • Profit and Loss Account.
  • Cash Flow Statement (if applicable).
  • Statement of Changes in Equity (if applicable).
  • Notes to Accounts.

2. Convening the Annual General Meeting (AGM)

Hold the AGM to adopt the financial statements. Ensure that the Board’s Report and the Auditor’s Report are also approved during this meeting.

3. Accessing and Filling Form AOC-4

  • Download the Form: Obtain the latest version of Form AOC-4 from the MCA website.
  • Fill in the Details: Enter the required information, including:
    • Corporate Identification Number (CIN).
    • Financial year details.
    • Date of AGM.
    • Details of the Board’s Report, Auditor’s Report, and other relevant information.
  • Attach Documents: Scan and attach the following documents:
    • Financial statements duly authenticated as per Section 134 of the Companies Act, 2013.
    • Board’s Report.
    • Auditor’s Report.
    • Statement of subsidiaries in Form AOC-1 (if applicable).
    • Details of Corporate Social Responsibility (CSR)

4. Attach Supporting Documents

To complete the filing process, ensure the following documents are attached to Form AOC-4:

  • Financial Statements:
    • Balance Sheet, Profit and Loss Account, and Cash Flow Statement (if applicable), authenticated as per Section 134 of the Companies Act.
  • Board’s Report:
    • Details of the company’s operations, future outlook, and compliance with corporate governance requirements.
  • Auditor’s Report:
    • Independent auditor’s opinion on the financial statements.
  • CSR Report:
    • If applicable, details of Corporate Social Responsibility activities in line with Section 135 of the Companies Act.
  • Statement of Subsidiaries:
    • If the company has subsidiaries, attach Form AOC-1 providing their financial details.
  • Other Documents:
    • Details of penalties, compliance certifications, or additional reports, if any.

5. Certification

Form AOC-4 must be digitally signed by:

  • A director of the company (using their Digital Signature Certificate or DSC).
  • A practicing Chartered Accountant (CA), Company Secretary (CS), or Cost Accountant in whole-time practice to certify the correctness of the information.

6. Uploading the Form

  1. Log in to the MCA Portal:
    • Use your credentials to log in to MCA21.
  2. Upload Form AOC-4:
    • Submit the completed form along with attachments.
    • The system will generate a Service Request Number (SRN) for tracking the submission.
  3. Pay Filing Fees:
    • Pay the applicable fee online using net banking, credit/debit cards, or other payment modes.
  4. Acknowledgment:
    • Download the acknowledgment receipt for your records.

7. Post-Filing Actions

Once Form AOC-4 is submitted:

  • Verify the status of the filing on the MCA portal using the SRN.
  • Retain the acknowledgment and copies of the submitted documents for future reference.
  • Respond promptly to any queries or resubmission requests from the MCA.

Common Mistakes to Avoid While Filing Form AOC-4

  1. Incorrect Details:
    • Double-check CIN, AGM date, and financial figures to ensure accuracy.
  2. Missing Attachments:
    • Ensure all mandatory documents are attached and properly authenticated.
  3. Inadequate Certification:
    • Verify that the form is signed by the authorized personnel.
  4. Delays:
    • File within the stipulated timeline to avoid penalties.

FAQs on Form AOC-4

1. What is Form AOC-4 used for?

Form AOC-4 is used for filing the company’s financial statements and other relevant documents with the Registrar of Companies.

2. What is the due date for filing Form AOC-4?

For companies, the due date is 30 days from the conclusion of the Annual General Meeting (AGM). For OPCs, it is within 180 days of the financial year’s end.

3. Can Form AOC-4 be revised after submission?

Yes, Form AOC-4 can be revised if errors are identified. However, ensure the revision is completed promptly to avoid penalties.

4. What is the penalty for late filing of Form AOC-4?

A late filing fee of ₹100 per day applies until the form is filed, with no upper limit.

5. Can Form AOC-4 be filed manually?

No, Form AOC-4 must be filed electronically through the MCA portal.

Key Takeaways

  • Compliance Is Critical: Filing Form AOC-4 is a mandatory requirement under the Companies Act, 2013. Ensure timely submission to maintain legal compliance.
  • Accuracy Matters: Double-check all details and documents to avoid errors or delays.
  • Stay Updated: Keep track of changes in regulations and deadlines through MCA notifications.
  • Seek Professional Help: Engage a qualified CA, CS, or legal professional to ensure a seamless filing process.

By adhering to the steps and guidelines outlined in this guide, businesses can efficiently fulfill their compliance obligations, avoid penalties, and maintain a good standing with regulatory authorities.

Timely and accurate filing of Form AOC-4 reflects your company’s commitment to transparency and accountability. Make compliance your priority today!

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