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Company Annual Return | Annual Return Due Date 2019

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Company Annual Return Overview

Annual return is the details of the company which stands as on the closing of the financial year. Annual Returns provides the annual information about the company to the Registrar Of Companies and companies members and the general information.

Objectives Of Company Annual Return

Annual returns is filed within 60 Days from the Annual general Meeting (AGM) to the Registrar of Companies annually to share the information in summarised form of the gone year and contains information like Share capital, shareholders, name of Directors, Secretary its members, registered office address, corporate governance disclosure etc. Annual returns must be filed in Form within 60 days from the date of Annual General Meeting (AGM) and in case AGM is not held then within 60 days from the date it should have been held.

Preparation of Company Annual Return

Every company shall prepare an Annual Return in the Prescribed form containing the particulars as they stand on the closing of financial year.

Contents of Company Annual Return

  • Registered Place of business , main activity, holding, subsidiary and associated companies if any.
  • Profit and Loss Account, Balance sheet statement.
  • Shares, debentures, debt equity , secured/unsecured loans, shareholding pattern, Deposits and other securities, turnover and net worth of the company.
  • Members, debenture holders any change in the last year Pattern.
  • Promoters, Directors, key Managerial Position holders and any change from the previous year.
  • Meetings of members, class of meetings, board meetings, other committees with attendance details.
  •  Directors and Key managerial personnel’s remuneration.
  • Penalty, punishment on Directors or officers of the company, details of compounding of offences, penalty, punishment , appeals filed against, judgements if any.
  • Certificate of compliance disclosure matters if any as prescribed.
  • Foreign Institutional investors if any there registration, percentage of shareholding, name address, countries of incorporation.
  • Any other matters as prescribed.

Authentication of Company Annual Return

Annual Return shall be signed by –

  • a director and the company secretary, or
  • and if there is no company secretary, by a Company Secretary in Practise(PCS)

OPC (one person Company) and Small Company Annual Return Filing

Annual Return shall be signed by –

  • the company secretary, or
  • And if there is no company secretary, by the director of the Company.

Companies Required to comply with Annual Filing :- (MGT-7 and AOC-4)

1.         Every company Registered under the Companies Act,2013 or 1956, has to file in e- Form   AOC 4 financial statements including Directors report and Annual return in e-Form MGT 7 within within 60 days from conclusion of AGM (Annual General Meeting).

2.         Companies who has not done the Annual Compliance and fillings and their name has been published in strike off Public Notice .

3.         Director(s)  Disqualified under section 164(2) of Companies Act,2013 for non compliance of Annual filling.

Private Limited Companie Annual Return Filing

All Private limited companies should file Annual returns to maintain compliance with Ministry of Corporate affairs. All such companies should conduct an Annual general Meeting AGM at the end of each financial year.

A newly incorporated company can have an AGM within 18 Months from the date of incorporation or 9 months from the date of closing financial year, whichever is earlier. In India the financial year is from 1st April to 31st March so Annual returns become due on 30th September.

 Public Limited Companies Annual Return Filing

Annual return in Form MGT-7

 If, the total paid-up capital  equals  or exceeds Rs. Ten Crore, or its annual turnover crosses Rs. Fifty Crore, then, there will be the requirement of filing the Form MGT-8 (Certification of Annual Return) also, within 60 days from the end of the financial year.

Financial Statements in AOC-4 (CFS, XBRL)

Section 8 Companies under Companies act,2013/ old section 25 of Companies Act, 1956 Annual Return Filing

Annual return for Section 8 Company

Every section 8 company  in India has to file the annual return with ROC (Registrar of Companies).

 (Section 8  pertains to for promoting commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment etc, It is for charitable or not-for-profit purposes. A Section 8 Company is same as  a Trust or Society  except that a section 8 Company is registered under the Central Government's Ministry of Corporate Affairs whereas Trusts and Societies are registered under State Government regulations.)

LLP (Limited Liability Partnership)Annual Return Filing

LLPs  must file its Annual Return within 60 days from the end of close of financial year and Statement of Account and Solvency within 30 days from end of six months of close of financial year.  LLPs mandatorily have to maintain their financial year, from April 1st to March 31st. So,  annual return is due on May 30th.  The Statement of Account & Solvency is due on October 30 of every financial year. In addition to the MCA annual return, LLPs must also mandatorily file income tax return every year.

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Author
Vinay Singh
Vinay Thakur is Managing Partner in Corpseed. He focused on payments, digital transformation, and financial technology for over 15 years and holds strong expertise on fintech startups, banking innovation, and investors with a keen understanding of the trends and activities of startups, banks, and investors in the space.