ROC Filing of Incorporation
ROC (Registrar of Companies) filings are mandatory for companies in India to ensure compliance with the Companies Act, 2013. This comprehensive guide covers everything you need to know about ROC filings, including their purpose, types of filings, deadlines, and step-by-step procedures to ensure your company meets regulatory requirements.
What are ROC Filings?
ROC filings are legal documents submitted to the Registrar of Companies (ROC) in India. These filings provide critical information about a company’s financial performance, governance structure, and compliance with statutory regulations.
Purpose of ROC Filings
- Compliance: Ensure adherence to the Companies Act, 2013, and other applicable laws.
- Transparency: Provide transparency to stakeholders regarding the company’s financial health and operations.
- Legal Obligation: Fulfill statutory requirements to maintain the company’s legal standing.
Types of ROC Filings
Annual Filings:
- Annual Return (Form MGT-7): Provides details about the company’s shareholders, directors, and financial performance.
- Financial Statements (Form AOC-4): Includes the company’s balance sheet, profit and loss statement, and cash flow statement.
Event-based Filings:
- Change in Directors (Form DIR-12): Notify changes in the board of directors.
- Change in Registered Office (Form INC-22): Notify changes in the company’s registered office address.
- Change in Share Capital (Form SH-7): Inform changes in share capital structure.
Other Filings:
- Board Resolutions (Form MGT-14): File resolutions passed by the board of directors.
- Compliance Certificate (Form MGT-8): Obtain certification of compliance from a practicing company secretary.
Deadlines for ROC Filings
- Annual Filings: Due within 60 days from the Annual General Meeting (AGM) date.
- Event-based Filings: Typically, within 30 days from the occurrence of the event.
- Financial Statements: Due within 30 days from the date of AGM.
Step-by-Step Guide to ROC Filings
Identify Required Filings:
- Determine which ROC filings are due based on the company’s financial year and events.
Prepare Documents:
- Gather necessary documents such as financial statements, resolutions, and forms.
Digital Signature Certificate (DSC):
- Ensure directors and authorized signatories have a valid DSC for electronic filing.
Login to MCA Portal:
- Access the Ministry of Corporate Affairs (MCA) portal using valid credentials.
Fill and Upload Forms:
- Fill out the required forms online, attach supporting documents, and upload them on the portal.
Payment of Fees:
- Pay the applicable filing fees online through the MCA portal.
Verification and Submission:
- Verify the filled forms and submit them electronically.
Receive Acknowledgment:
- After successful submission, receive an acknowledgment and keep it for records.
Post-Submission Compliance
- Monitor Status: Check the status of filings on the MCA portal and address any deficiencies or rejections promptly.
- Maintain Records: Keep copies of all filed documents and acknowledgments for future reference.
- Penalties for Non-Compliance: Address any delays or non-compliance promptly to avoid penalties and legal repercussions.
Conclusion
ROC filings are crucial for maintaining legal compliance and transparency for companies operating in India. By following this user-friendly guide, you can navigate the ROC filing process effectively, ensuring your company meets regulatory requirements and maintains good standing with the authorities.