Annual Compliance for Companies: Form AOC-4

Annual Compliance for Companies – Form AOC-4 is a part of mandatory annual returns for companies incorporated under The Companies Act. Form AOC 4 is used to file the financial statements of the company with the Registrar of Companies every year. There are a few other types of form AOC 4 such as AOC 4 CFS which is used to file the consolidated financial statement of group companies and AOC 4 XBRL which applies to certain companies as per capital structure or turnover or nature of the company.

Who is required to file Form AOC 4 XBRL?

The following companies are required to file Form AOC 4 XBRL every year:

1. A company having a paid-up capital of Rs. 5 Cr or more.
2. A company having an annual turnover of Rs. 100 Cr or more.
3. All listed companies and their subsidiaries.
4. All companies which were covered to date under the Companies rule 2011.

What are the documents and details required for filing Form AOC-4?

Following documents and details are required for filing of Form AOC 4:

1. An audited balance sheet with notes
2. Statement of Profit and Loss with notes
3. Cash flow statement (if applicable)
4. Statement of change in equity
5. Auditors report
6. Reports from the Board of Directors which includes Notice of AGM, Director’s report, MGT-9, and various other attachments
7. CSR report (if applicable)
8. Statement of subsidiaries in form AOC-1
9. Any other relative document
10. The main business of the company
11. List of Directors
12. List of date of meeting in the previous financial year.

Provisions applicable for filing of Form AOC-4

The following provisions are applicable to companies for filing Form AOC-4:

Status of AGM	Applicable provisions for filing of Form AOC 4
AGM was held and financial statements along with consolidated financial statements are adopted by the board of directors	Within 30 days from the date of AGM
AGM was adjourned	Within 30 days from the date of adjourned AGM
Financial statements were not adopted	Within 30 days of the AGM (these financial statements will be treated as provisional until they are adopted)
AGM is not held	Within 30 days from the date when AGM should have been held

Due date of filing of Form AOC-4 (Annual returns for Companies)

All companies registered under the Companies Act, 2013 are required to file the financial statements, related documents, notes, and other documents as required and prescribed by the law, within 30 days of conducting of AGM.

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An AGM should be conducted within 180 days from the end of the financial year i.e. 30^th September and filing of Form AOC 4 should have been done within 30 days from AGM i.e. on or before 30^th October.

In the case of OPC, Form AOC-4 is to be filed within 180 days from the closure of the financial year i.e. 26^th September every year

Challan fees for filing Form AOC-4 (Annual Compliance for Companies)

The challan fees are based upon the share capital of the company the following chart will help in defining the applicable government fees for filing of form AOC-4

The share capital of the Company	Fee for Form AOC – 4
Below 1,00,000	Rs. 200/-
1,00,000 to 4,99,999	Rs. 300/-
4,99,999 to 24,99,999	Rs. 400/-
25,00,000 to 99,99,999	Rs. 500/-
1,00,00,000 or more	Rs. 600/-

Late fees or Additional fees payable on delayed filing of Form AOC 4

From July 1^st, 2018 the additional fee related to late filing or delayed filing of Form AOC 4 is revised and now it is Rs. 100/- each day to a maximum of Rs 10, 00,000/-of delay in filing the annual return of the company.

Earlier late fees / additional fees were:

Particulars	Additional fee for the delayed period
< 30 days	2 times of the normal form fees
30 < 60 days	4 times of the normal form fees
60 < 90 days	6 times of the normal form fees
90 < 180 days	10 times of the normal form fees
180 days or more	12 times of the normal form fees

Penalty for non-filing of Annual return (Form AOC-4)

Particulars	Amount of Penalty
Penalty on Company	Rs. 1000/- for each day of default continues subject to a maximum of Rs. 10 lakhs.
Penalty in the following situations: Managing Director / CFO.In absence of the Managing Director / CFO, any other director authorized by the board of directors.In absence of any of such authorized directors, all directors.	Rs.1,00,000/- + Rs. 1000/- for each day of default (Subject to a maximum of Rs. 5 lakhs.)