Table of Contents
Roc Compliance Calendar for LLP & Companies.
The Registrar of Companies is an office within the Ministry of Corporate Affairs whose primary responsibility is to ensure that companies and limited liability partnerships (LLPs) in India comply with the Companies Act and its related laws.
Although incorporating a Company or Limited Liability Partnerships is a one-time process, However there are many other things that we should take special consideration of that as non-compliance of law always comes at a cost.
In India, one or more authorities are always in place to control and oversee the operation of a company. One of these is the ROC in the case of Companies and limited liability partnerships. A company is required to file various forms with the ROC, via which it reports on its activities and financial statements. This text includes all of the necessary half-yearly and annual ROC forms for Companies and limited liability partnerships.
Starting a company to conduct any business in India is fairly common these days. The concept of incorporating a company to set up a company is becoming more popular than ever. Private, public, and one-person companies are the three common types of corporations.
Let's start with a checklist of compulsory forms that a private company must file.
In Case Private Limited Company
Following are the list for private companies compliance which mainly 3 kind of Roc forms-
|
MCA FORM |
Particular |
Filling Timeline |
|
ROC FORM AOC-4 |
Filing the financial statements & related documents ROC FORM AOC-4 contains various area where we has to fill in the details information about the company auditor's report, balance sheet, P & L Account, related party transactions, Corporate Social Responsibility and other related documents. |
Required to be file within Thirty days of the date of annual general meeting |
|
FORM MGT-7/7A |
Filing Annual return of a company: FORM MGT-7/7A contains information regarding the Key Managerial Personnel’s, directors, promoters & members, Company debenture holders, shareholding patterns, board & general meetings, remuneration of directors & Key Managerial Personnels, etc. |
Required to be file within Sixty days of the date of annual general meeting. |
|
FORM DIR-3 KYC- Online |
Directors KYC Persons holding DIN are required to do their web KYC every year (in case there is any change in the mobile number and email id, then DIR-3 KYC form is filed instead of doing web KYC) |
Required to be file before 30th Sept. of each FY. |
Note: All the above mentions forms (MGT-7A, AOC-4, & DIR -3 Online KYC) are also neded to be filed in the case of a OPC Company. The Compulsory Annual Registrar of Companies compliances are the same in both kind of company i.e. one-person company & Private limited company.
In Case of Public Limited Complains
Like a private limited company, a public Limited company also required to submit MGT-7, Form AOC-4 & directors have to complete their ROC DIR-3 Online KYC. However, we all understand that a public limited company has a greater level of public interest than a private company, thus the compliance burden is slightly higher for public limited companies. As a consequence, you'll need to fill out a some few forms, which are listed mentioned here under:
|
ROC FORM |
Particular |
Filling Timeline |
|
ROC FORM PAS 6 |
Reconciliation of Share Capital Audit Report for unlisted public company FORM PAS 6 is required for every unlisted public company to file a half-yearly Reconciliation of Share Capital audit report to the registrar. This report aids in identifying whether or not there is a difference between the actual issued capital and the dematerialized capital held. |
ROC FORM PAS 6 needed to submit within Sixty days of the end of each half year |
|
ROC FORM MGT : 14 |
List of Agreements & Resolutions to be Filed with The Registrar of Companies (for Board Resolution regarding the approval of Boards of director Report & Financial Statements)
Submit of BOD resolution with the Registrar of Companies In few matters on which whenever a Board of director resolution is approved by a public company, ROC Form MGT-14 form is compulsory needed to be filed reporting that board resolution. One out of said matters is approval of the board’s of director report & financial statements. |
ROC MGT -14 needed to be submit within thirty days of passing the Boards of director Resolution |
There are Few forms that must require be filled only when a particular event happens and are not required to be filled out on a regular basis. Aside from the annual forms listed above, a few forms are submitted by companies engaged in a specific act, such as a company that has raised a loan or received money and the money is still outstanding, which must file this form called DPT-3 every year. Alternatively, a company that owes MSMEs outstanding amount must file a half-yearly return using this form MSME-1.
In case of LLP Limited Liability Partnerships
The various MCA Annual compliances for a Limited Liability Partnership is much less than for a company. An Limited Liability Partnership only has to fulfil comply with these 3 below mention compliances-
|
MCA FORM |
Particular |
DUE DATE |
|
Limited Liability Partnerships |
Annual Return of Limited Liability Partnerships |
Required to be file within Sixty days of the end of every FY i.e 30th May |
|
Limited Liability Partnerships |
Solvency & Statement of Account This form is nothing but a declaration made by the designated partners that the Limited Liability Partnerships will be able to discharge its debts. Details of assets, liabilities, contribution made by the partners, turnover, etc is filled in this form. |
Required to be file within Thirty days from the ending of 6 months i.e. 30th October of the Closing of financial Year. |
|
ROC FORM DIR-3 KYC- WEB |
Designated Partner KYC Like Company directors, LLP Designated Partners also have to complete their KYC updating. Every Designated Partners who hold DPIN has to submit this DIR-3 KYC form or complete online DIR KYC (if they has already submitted Form DIR-3 KYC once & there is no change in his Cell No & email address). |
Required to be file before 30th Sept. of the FY. |
It's not just about the penalty; repeated non-compliance with the law can result to several other concerns. To warn of serious consequences, ROC also has the authority to have a company's name struck off from the ROC. Continuous non-filing for 3 consecutive years makes the directors fall into the category of disqualified directors. & keeping in mind the MCA’s recent changes for levying higher additional fees for delayed filing, keeping track of the Registrar of Companies filings compliance becomes critical to avoid any consequences or penalty.
New LLP filing fees from 1.4.2022
LLP additional fees filling fee for small LLP with effect from 1 April 2022
Relaxation in paying additional fees in LLPs Filling
- Relaxation in paying additional fees if LLPs are late in filling out all event-based e-forms due on or after February 25, 2022, and before May 31, 2022, but before June 30, 2022.
- Relaxation in paying additional fees in case of delay in filling e-forms by LLPs
- PAN/TAN integration with LLP incorporation form FiLLip : CBDT
