Form AOC 4 Filing – Due Date, Fees & Penalty
As per MCA guidelines, it is mandatory for a company to disclose its financial statements, board’s reports, and auditor’s report to the stakeholders. These financial statements are filed in Form AOC 4 for each financial year with the Registrar of Companies (ROC).
In this blog, we will discuss the applicability, due dates, and late filing fees for Form AOC 4.
What is Form AOC 4?
The Board of Directors and shareholders use financial statements as a tool for evaluating the performance of a company. Form AOC-4 is filed with the Registrar of Companies (ROC) in every financial year with the purpose of filing financial statements of a company. The form must be properly filed by the company within 30 days of the Annual General Meeting.
What is the applicability for filing Form AOC 4?
Every company is required to file financial statements along with Form AOC 4.
Every Non-Banking Financial Company (NBFC) complying with Indian Accounting Standards (Ind AS) should file the financial statements with Form AOC 4 NBFC (Ind AS) and the consolidated financial statement, if any, with Form AOC 4 CFS NBFC (Ind AS).
Where the companies are covered under the XBRL requirement under the Companies (Filing of documents & Forms in Extensible Business Reporting Language) Rules, 2015, the financial statements should be uploaded in the XBRL format.
The following class of companies should file their financial statements and other documents in e-Form AOC 4 XBRL:
- All companies listed with any stock exchange in India and their Indian subsidiaries.
- All companies with a capital of 5 crores or above.
- All companies with a turnover of 100 crores or more.
- All companies are required to prepare their financial statements in accordance with Companies (Indian Accounting Standards) Rules, 2015.
As per the Companies Act 2013, the following provisions are applicable for filing the financial statements with the ROC:
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A copy of the financial statements, including consolidated financial statement, if any, along with all the documents which are required to be or attached to such financial statements under this Act, duly adopted at the annual general meeting of the company
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shall be filed with the Registrar within 30 days of the date of annual general meeting in such manner
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In case of an adjourned Annual General Meeting
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Shall be filed within 30 days of the adjourned annual general meeting along with fees/additional fees as prescribed.
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If financial statements are unadopted
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Shall be filed with the Registrar within 30 days of the date of annual general meeting and 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:
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If AGM is not held
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shall be filed with the Registrar within 30 days of the last date before which the annual general meeting should have been held
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What are the registration fees for filing AOC 4?
As per the Companies (Registration Offices and Fees) Rules, 2014, here is the break-up of AOC4 filing fees,
For a company having a share capital:
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Nominal Share Capital
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Fee applicable
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Less than 1,00,000
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Rupees 200 per document
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1,00,000 to 4,99,999
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Rupees 300 per document
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5,00,000 to 24,99,999
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Rupees 400 per document
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25,00,000 to 99,99,999
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Rupees 500 per document
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1,00,00,000 or more
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Rupees 600 per document
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For a company not having a share capital:
What is the Late filing of form AOC-4?
The late filing fees for delay in filing AOC 4 is mentioned below,
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Delay on filing AOC-4
(within thirty days of the date of the annual general meeting)
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Rupees 100 per day
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What is the Penalty for non-filing AOC 4?
Given below is the penalty amount for non-filing of Form AOC4
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Party Involved
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Penalty
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- Company
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10,000 Rupees in case of continue failure 100 Rupees per day subject to maximum penalty of Rupees 2 lakhs
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- Officer in default:
- Managing director/ Chief executive director or any other director involved in such default
- In case of the absence of any such Director-All directors of the company
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10,000 Rupees in case of continue failure 100 Rupees per day subject to maximum penalty of Rupees 50,000
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Certificate by practicing professional:
The data presented in the form needs approval from the Director/Manager/Secretary/CEO/CFO certifying that all information provided in the form is true and correct and is in compliance with the law. The form has to be digitally signed along with the DIN of the director or PAN of the Manager/CEO/CFO.
This eform needs to be verified by a practicing professional (Chartered Accountant/Cost Accountant/ Company Secretary). Enter the details of the practicing professional and attach the digital signature.