Form AOC 4 Filing | Documents Required | Fees | Due Date | Penalty - Corpseed
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Form AOC 4 Filing | Documents Required | Fees | Due Date | Penalty
AOC 4 is an electronic form (e-form) provided by the Ministry of Corporate Affairs (MCA) for declaring the financial statements of a company.. The AOC-4 is to be filed within 30 days of the company’s Annual General Meeting (AGM). AOC-4 includes a comprehensive list of financial documents which includes Audited Financial reports, Board Reports
In case of One Person Companies (OPC), however, since there are no board meetings, AOC-4 has to be filed within 180 days of the conclusion of the financial year.
AOC-4 needs to be approved by a practising Company Secretary or Chartered Accountant (CA).
AOC-4 has to be filled by all the companies in 30 days. It has to be uploaded with the Auditor’s report, Board's Report and additional necessary documents.
The certification from Company secretary (CS) or the practising CA of a company is mandatory required for AOC-4.
The financial statements of the company need to be filled with the Registrar of the Company every year.
Penalty for Late Filing of Form AOC 4
The penalty is charged when a company fails to file AOC-4 form adjacent with a copy of the financial statements before the due date. The company will be condemned with a fine of Rs.1,000 for each day. During which the failure extends up to the highest amount of Rs.10 lakhs.
Moreover, the Managing Director, Directors and the Chief Financial Officer of the company could be sentenced with imprisonment. For a term which may extend to 6 months or with fine which will not be less than 1-5 lakhs.
The Government fee for filing AOC-4 is as follows:
- Around 30 Days- 2 times of normal filing fees
- Higher 30 days and Up to 60 Days-4 times of normal filing fees
- Higher than 60 days and Up to 90 Days-6 times of normal filing fees
- Higher than 90 days and Up to 120 Days-8 times of normal filing fees
- Higher than 120 days and Up to 180 Days-10 times of normal filing fees
- Higher than 180 days and Up to 270 Days-4
- Higher than 180 days and Up to 270 Days-4 times of normal filing fees
Penalty for non-filing of Form AOC 4
The penalties imposed are mentioned below:
- Company -Rs.1000 for every day of default subject to Maximum 10 Lakhs
- Managing Director or Chief Financial Officer- Rs 1 Lakh + Rs. 100 for each day of default subject to Maximum of Rs. 5 Lakhs.
Documents required for filing in AOC-4 form
- Cash Flow statement
- Balance sheet
- Profit and loss account,
- Explanatory notes annexed to the financial statements and statement of change in equity.
Board report along the financial statements needs to be filed for all companies. The types of companies such as Private Limited Company, One Person Company, Limited Company etc. They should be presented to government, stakeholders, shareholders etc. during the fiscal year.
Following is the list of documents that must be filed with AOC-4:
- CAG of India details of comments
- SAR (Secretarial Audit Report)
- Remaining CSR activities details
- Statement of subsidiaries in Form AOC-1
- CSR policy of Company
- Other entity details
- Statements in the AGM (annual general meeting)
- Approval letter of extension of fiscal year
- Under Section 143test audit report or Supplementary
- Optional attachment, if any.
Points to retain while filing AOC 4
- Start and end date of the fiscal year is to be recorded.
- The CIN (Corporate Identity Number) of the company is required to be mentioned.
- Particulars of the auditor such as:
- Auditor’s firm’s registration number
- Membership number of the auditor
Requires to be filled in
- Date of the Board of Directors’ meeting in which the financial statements and Boards’ report are allowed to be registered.
- If AGM is held the date requires to be mentioned.
Documentation for filing Form AOC-4
- Financial Statements all inclusive of company’s Board Reports, Auditors Report and other financial documents which have been duly authenticated as per section-134.
- Statements of Subsidiaries in compliance with section 129. Addressed by form AOC-1.
- Facts and Statements listing down the reasons behind not adopting financial statements in AGM
- Facts and reasons behind not conducting the AGM.
- An Approval Letter for extending the Financial Year or the proposed AGM is required.
- Supplementary or Test Audit Report in compliance with section 143.
- Company’s CSR policy in compliance with sub-section(4) of Section 135
- Particulars of other entities
- Details of salient features and justification for entering into contracts/transactions with related parties in accordance with sub-section(1) of section 188
- Particulars of comments of Comptroller and Auditor General of India (CAG)
- Secretarial Audit Report
- Director’s report as per sub-section(3) of section (134) is to be submitted
- Details of remaining CSR activities
- Other miscellaneous attachments (if a
AOC-4 is to be filed within 30 days of the Annual General Meeting (AGM) i.e. due date of Annual General Meeting is 30th September so companies should file AOC-4 on or before 30th of October following the closure of the financial year. One Person Companies(OPCs) have to file the form within 180 days of the closing of Financial Year.