Important Points to Consider Before Filing ROC return

Any organization, whether private or limited, has to follow the regulations related to filing with Registrar of Companies (RoC). But most of the businesses lag in adequate awareness and become faulty in this area and face unwanted penalties.

These are two subjects of filing with RoC within the due dates: Form AOC-4 (30 days from date of AGM) and Form MGT-7 (60 days from date of AGM).
Moreover, following is the list of other eForms required to be filled by the company- Form DIR-11- On resignation of Director, Form DIR-12- Appointment of Directors and the key managers and any other alterations in such segments, Form SH-7, related to any changes in share capital of the company and Form PAS-3 Return of Allotment. This filing is subject to the fees incorporated as per the share capital of the companies. ROC filing for companies is also segregated in various bands as per the income and financial state of the company.

Following are the share capital shares regulated in India.

  • Below 1 lakh
  • From 1,00,000 to 4,99,999
  • 5,00,000 to 24,99,999
  • 25,00,000 to 99,99,9999
  • 1,00,00,000 and above

Following are the periods of delays notified to the companies for getting fined or penalized for non-submission of RoC within the period.
Up to 30 days

  • More than 30 days and up to 60days
  • More than 60 days and up to 90 days
  • More than 90 days and up to 180 days
  • More than 180 days

The penal decisions are so stringent in the country that companies, which violated the rules, have shut down. The additional charges imposed due to non-payment issues or being defaulter can be up to 12 times the normal fees. Moreover, the law is also readily made not only to penalize the organizations, but also at times high level officers are penalized on basis of defaults.

Let’s have a look at the Annual Filing for LLPs, which are needed to be registered on the following dates – Form 8, on 30th October and Form 11 on 30th May.

For LLP, the late charges are up to Rs.100 per day. Non-compliance of the regulations and system may completely lead to shut down of any up-and-running business. In case any company is still ignorant about the facts, then it’s high time to get the information, act smartly and move with a smooth business operation.

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