The term “ROC return” typically refers to the filing of annual returns with the Registrar of Companies (ROC) in the context of corporate compliance in India. The ROC is an office under the Ministry of Corporate Affairs (MCA) in India, and it oversees the administration of the Companies Act, among other responsibilities.
Here is an overview of the annual return filing process with ROC for companies in India:
Annual Return Filing with ROC:
- Types of Annual Returns:
- Different types of companies file different annual returns. Private limited companies, public limited companies, and one-person companies have distinct compliance requirements.
- Annual General Meeting (AGM):
- Hold an Annual General Meeting within the stipulated time, as mentioned in the Companies Act.
- Financial Statements:
- Prepare financial statements, including the balance sheet, profit and loss account, and other relevant documents.
- Board Meeting:
- Conduct a board meeting to approve the financial statements and the director’s report.
- Audit:
- Get the financial statements audited by a qualified auditor.
- Annual Return Forms:
- Choose the appropriate Annual Return Form (MGT-7) based on the type of company.
- Contents of Annual Return:
- The annual return includes details such as the company’s registered office, principal business activities, particulars of its holding, subsidiary, and associate companies, shareholding pattern, and indebtedness.
- Filing Period:
- File the annual return within 60 days from the date of the Annual General Meeting.
- Digital Signature:
- Ensure that the annual return is digitally signed by a director and certified by a practicing professional, such as a company secretary or a chartered accountant.
- Filing Fee:
- Pay the applicable filing fee while submitting the annual return.
- Online Filing:
- File the annual return electronically on the MCA portal (https://www.mca.gov.in/).
- Late Filing Penalties:
- Be aware of late filing penalties if the annual return is not submitted within the prescribed time.
Additional Filings:
- AOC-4 (Financial Statements):
- Companies are also required to file the financial statements (AOC-4) with the ROC within 30 days of the AGM.
- DIR-3 KYC (Director KYC):
- Directors are required to file their KYC annually using Form DIR-3 KYC.
Always refer to the latest provisions of the Companies Act and the guidelines issued by the Ministry of Corporate Affairs for the most accurate and up-to-date information. It’s advisable to engage with a qualified company secretary or legal professional to ensure compliance with all statutory requirements.
