ANNUAL COMPLIANCE FOR COMPANIES: E-FORM MGT-7

ANNUAL COMPLIANCE FOR COMPANIES: E-FORM MGT-7

ANNUAL COMPLIANCE FOR COMPANIES: E-FORM MGT-7

Form MGT-7 is a part of mandatory annual returns for companies incorporated under The Companies Act. Form MGT 7 is used to file the basic information related to the company, its shareholders and directors, etc. as on 31st March with the Registrar of Companies every year.

In case of small company, one needs to file Form MGT 7A with the Registrar of Companies.

Who is required to file Form MGT-7 and MGT-7A?

Every company registered in India has to file its Annual Return in form MGT-7 or MGT-7A, whether it’s a public or private company, listed or un-listed company, and even a One person company has to file the annual returns under form MGT-7 or MGT-7A.

What are the documents and details required for filing of Form MGT-7 and MGT-7A?

Following documents and details are required for filing of Form MGT 7 and MGT-7A:

  1. List of shareholders, debenture holders and investors
  2. Letter for extension of AGM
  3. MGT 8 (If available)
  4. Any other attachments

Purpose for filing of Annual Return for Companies: Form MGT-7 and MGT-7A

Every company has to prepare and file an annual return in the form MGT-7 and MGT-7A containing the particulars as they are reflecting at the end of the financial year i.e. 31st March. This includes details regarding:

  1. Details related to the registered office, principal business activities, particulars of its holding, subsidiary and associate companies;
  2. The shares, debentures, other securities and pattern of holding;
  3. Indebtedness of the company;
  4. Details related to members and debenture-holders;
  5. Details related promoters, directors, key managerial personnel;
  6. Details related with meetings along attendance details;
  7. Remuneration of directors and key managerial personnel;
  8. Penalty or punishment imposed on the company, its directors or officers and details of compounding of offences and appeals made against such penalty or punishment;
  9. Details relating to certification of compliances and  disclosures as may be prescribed;
  10. Details of Shareholding pattern; and
  11. Any other details as required in the form.

Due date of filing of E-Form MGT-7 and MGT-7A (Annual returns for Companies)

All companies registered under the Companies Act, 2013 are required to file the details as required and prescribed by the law, within 60 days of conducting of AGM.

An AGM should be conducted within 180 days from end of the financial year i.e. 30th September and filing of E-Form MGT 7 and MGT-7A should have been done within 60 days from AGM i.e. on or before 29th November.

Government fees for filing of Form MGT-7 (Annual compliance for Companies)

The government challan fees based upon the share capital of the company, the following chart will help in defining the applicable government fees for filing of form MGT-7 and MGT-7A

Share capital of the CompanyFee for Form MGT – 7 and MGT-7A
Below 1,00,000Rs. 200/-
1,00,000 to 4,99,999Rs. 300/-
4,99,999 to 24,99,999Rs. 400/-
25,00,000 to 99,99,999Rs. 500/-
1,00,00,000 or moreRs. 600/-

Late fees or Additional fees payable on delayed filing of Annual return Form MGT 7 and MGT-7A

From July 1st 2018 the additional fee related with late filing or delayed filing of Form MGT 7 and MGT-7A is revised and now it is Rs. 100/- each day of delay in filing the annual return of the company.

Earlier late fees / additional fees were:

ParticularsAdditional fee for delayed period
 < 30 days2 times of the normal form fees
30 < 60 days4 times of the normal form fees
60 < 90 days6 times of the normal form fees
90 < 180 days10 times of the normal form fees
180 days or more12 times of the normal form fees

Penalty for non-filing of Annual return (Form MGT-7)

ParticularsAmount of Penalty
Penalty on CompanyRs.50,000/-
+
Rs. 100/- for each day of default (Subject to maximum of Rs. 5 lakhs.)
Penalty in following situations: Managing Director / CFO.In absence of Managing Director / CFO, any other director authorized by the board of directors.In absence of any of such authorized director, all directors.Rs.50,000/-
+
Rs. 100/- for each day of default (Subject to maximum of Rs. 5 lakhs.)

Effect of Non filing of MGT-7 or MGT-7A

As per section 164(2) of the Act, no person who is or has been a director of a company which has not filed financial statements or annual returns for any continuous period of 3 financial years, shall be eligible to be re-appointed as a director of that company or appointed in other company for a period of 5 years from the date on which the said company fails to do so.

It means if your company has not filed its annual returns or annual compliance has not be fulfilled for a continuous period of 3 years, directors of the companies are disqualified to be re-appointed in that company or appointed in any other company for a period of 5 years.