Every Private Limited Company has to file a copy of its financial statements including consolidated financial statement, if any, along with all the documents annexed to financial statement and adopted at AGM with the Registrar.
A company shall, along with its financial statements to be filed with the Registrar, attach the accounts of its subsidiary or subsidiaries which have been incorporated outside India and which have not established their place of business in India.
It has also been clarified vide General Circular no. 11/2015 dated 21st July 2015 that in case of foreign company which is not required to get its accounts audited as per the legal requirements prevalent in the country of its incorporation and which does not get such accounts audited, the holding or parent Indian may place or file such un-audited accounts to comply with requirements of section 136(1) and 137(1) as applicable. Further, the format of accounts of foreign subsidiaries should be, as far as possible, in accordance with requirements under the Companies Act, 2013. In case this is not possible, a statement indicating the reasons for deviation may be placed/ filed along with such accounts.
Financial statements shall be filed in form AOC-4. If the Company is also preparing consolidated financial statements, then Standalone Financial Statements shall be filed in AOC-4 and Consolidated Financial Statements shall be filed in AOC 4-CFS. However following class of companies have to file in AOC-4 XBRL (Consolidated in AOC-4 CFS) -
Adopted Financial Statements should be filed within 30 days from the date of AGM.
Where the financial statements are not adopted at annual general meeting or adjourned annual general meeting, such un-adopted financial statements along with the required documents shall be filed with the Registrar within 30 days of the date of annual general meeting.
The Registrar shall take them in his records as provisional till the financial statements are filed with him after their adoption in the adjourned annual general meeting for that purpose.
If the financial statements are adopted in the adjourned annual general meeting, then they shall be filed with the Registrar within 30 days of the date of such adjourned annual general meeting with such fees or such additional
fees as may be prescribed within the time specified under section 403.
Where the annual general meeting of a company for any year has not been held, the financial statements along with the documents required to be attached, duly signed along with the statement of facts and reasons for not holding the annual general meeting shall be filed with the Registrar within thirty days of the last date before which the annual general meeting should have been held and in such manner, with such fees or additional fees as may be prescribed within the time specified, under section 403.
Visit www.mca.gov.in, hover over MCA services, mega menu will be displayed, under 'e-filing' click on 'Company Forms Download'
List of all company forms will be displayed. Search for required form, that is, AOC-4, AOC-4 CFS and AOC-4 XBRL, download with instruction kit.
Refer instruction kit for filling the forms, everything is explained in detail in the instruction kit.
For submission of the forms check our article How to submit/file forms to MCA
Every company shall prepare an annual return in the form MGT-7 containing the particulars as they stood on the close of the financial year regarding :
Annual return shall be filed within sixty days from the date on which the annual general meeting is held.
Where the annual general meeting of a company for any year has not been held, annual return, duly signed along with the statement of facts and reasons for not holding the annual general meeting shall be filed with the Registrar within thirty days of the last date before which the annual general meeting should have been held and in such manner, with such fees or additional fees as may be prescribed within the time specified, under section 403.
Visit www.mca.gov.in, hover over MCA services, mega menu will be displayed, under 'e-filing' click on 'Company Forms Download'
List of all company forms will be displayed. Search for MGT - 7, and download with instruction kit.
Refer instruction kit for filling the forms, everything is explained in detail in the instruction kit.
For submission of the forms check our article How to submit/file forms to MCA
If a company fails to file its annual return under sub-section (4), before the expiry of the period specified under section 403 with additional fee, the company shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to five lakhs rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with both.
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