Every company is required to file the Audited financial statement and annual return as per The Companies Act, 2013 within 30 days and 60 days respectively from the conclusion of the Annual General Meeting date. Filing of Audited financial statement is governed under Section 129 and 137 of The Companies Act, 2013 read with Rule 12 of the Company (Accounts) Rules, 2014 and annual return is governed under Section 92 of the Companies Act,2013 read with Rule 11 of the Companies (Management and Administration) Rules, 2014.
1. Hold a Board Meeting to:
• Authorize the auditor for the preparation of financial statements as per Schedule III of the Companies Act, 2013
• Authorize the Director or Company Secretary for preparation of Board Report and Annual Return as per the Companies Act, 2013.
2. Hold another Board Meeting for approving the draft financial statements, Board Report and Annual Return by the directors of the company.
3. Conduct the Annual General meeting of the Company and pass the necessary resolutions. Please note that the financial statements are considered final only when the same is approved by the shareholders at the General Meeting.
• The notice of Board Meeting should be sent to all the directors before 7 days and acknowledgement for the same should be taken.
• As per Section 134 of the Companies Act, 2013 the financial statement, including consolidated financial statement, if any, shall be signed on behalf of the Board at least by the chairperson of the company where he is authorized by the Board or by two directors out of which one shall be the managing director and the Chief Executive Officer, if he is a director in the company, the Chief Financial Officer and the company secretary of the company, wherever they are appointed, or in the case of a One Person Company, only by one director.
• As per Section 101 of the Companies Act, 2013, a clear 21 days’ notice for the general meeting shall be given to all the members, legal representatives of any deceased person, auditor, and every director of the company by physical or electronic mode. The notice should also contain the location map of the venue of the general meeting as per Secretarial Standards and should be placed on the website if any.
• The company shall prepare its books of accounts and keep at its registered office. If the company chooses to place at any other place, then the company will have to file AOC-5 by passing a board resolution.
• While uploading the forms, care should be taken that the form is the latest version as provided on the MCA.
As part of Annual e-Filing, Companies incorporated under the Companies Act, 1956 are required to efile the following documents with the Registrar of Companies (RoC):
• Balance-Sheet: Form 23AC to be filed by all Companies
• Profit & Loss Account: Form 23ACA to be filed by all Companies
• Annual Return:Form 20B to be filed by Companies having share capital
• Annual Return: Form 21A to be filed by companies without share capital.
• Annual Return: Form 21A to be filed by companies without share capital
• Compliance Certificate:Form 66 to be filed by Companies having paid up capital of Rs.10 lakh to Rs. 5 crore
1. Download the forms as per above table (i.e. AOC-4 and MGT-7) from the MCA website under:
MCA services menu ====> E-filing===> Company Forms Download.
2. Fill the appropriate E-forms applicable of your company and attach the pdf or XML documents as per the requirement of the form ===> Press Check form ===> Attach the Digital Signature of the Director and Practicing professional (if applicable; exempted for OPC and small companies) ===> Now do pre-scrutiny.
3. Get yourself registered on MCA portal as a Business User or registered user. After getting registered on the portal, login with your ID and password.
4. After login go to upload E-forms ===> Browse the filled and signed form from your system’s location.
5. After uploading the form, the system will automatically generate a payment window. You have two options:
• Pay Later and save the challan generated and pay within the due time
• Pay using internet banking or debit/credit card facility simultaneously and save the payment challan for future reference.
6. After doing this complete process, you can track the transaction status of your form under MCA services menu. What you need to do is just put the SRN no.generated in the challan and you will be able to know whether your form is approved or for pending for approval.
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