All the companies doing business in India are required to file certain documents with the government authorities according to the requirements of the Companies Act of 2013 and other applicable laws. Annual filing of Returns and Balance sheet of companies is a part of Annual e-filling done with Registrar of Companies i.e, ROC.
The Annual filing is compulsory for a Private Limited company, Public Limited Company, One Person Company and also for Limited Liability Partnership.
An Annual filing consists of filing of Balance Sheet, Profit and Loss Account and Compliance Certificate. This Compliance Certificate would be applicable for those companies whose Paid-up Capital is more or equal to Rs. 10,00,000/- during the financial year. The Balance Sheet should be accompanied with Auditor’s Report, Cash flow Statement and Schedules to the Balance Sheet. This Balance Sheet and P&L account has to be signed by a Practicing Chartered Accountant along with his seal and Membership Number.
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At the end of each financial year, all Private Limited Companies/Public Limited companies have to close their accounts and conduct audit. After completing the audit an Annual General Meeting has to be conducted to pass the audited Balance sheet and P&L account with Auditors Report. This Balance sheet and other financials of the company have to be filed with Registrar of Companies (ROC) in prescribed form within the stipulated time period.
Forms to file in Annual Filing are AOC-4 & MGT-78.
It is an part of annual filing where in Annual Return (also referred as “Schedule V”) all the information about the company has to be displayed, such as Registered office address of the company, Authorized Capital, Paid up capital, present Directors of the Company, present Shareholders of the company etc.
The Directors of the Company must sign the Annual return of the Company. The Balance Sheet, P&L Account that is filed along with annual return must be audited and signed by Practicing Chartered Accountant.
Annual return is due on or before the 30th of September or 6 months from the end of the financial year. In case of newly incorporated Company, an Annual General Meeting should be held within 18 months from date of incorporation or 9 months from the date of closing of financial year, whichever is earlier and an annual return should be filed with the MCA.
If a company fails to file Annual Return with Registrar of companies within the specified time, then the company shall be liable to pay penalty till filing of Annual return.
Yes, whether the company runs in profit or loss, all the companies registered under the Companies Act, 1956 & 2013 shall file their Balance Sheet and Profit & Loss Account with Registrar of Companies mandatorily at the end of each financial year.
The company will have to file all the due annual returns and balance sheets for the financial years for which it has been marked as defaulting. Once the same are filed, the defaulting status of the company will be removed and the company will be able to file normally.
Yes, even if it is One Person Company, it is also considered as Private Limited Company, hence OPC has to conduct audit and file the returns to Registrar of Companies.
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