A private limited company is a separate legal person, and it keeps that status by filing with the Ministry of Corporate Affairs every year. Two documents go to the Registrar for each financial year: the audited financial statements, and the annual return. The obligation does not depend on turnover. A company with crores of revenue and a company with a single transaction file the same two forms, and so does a company with none.
Both forms report the activity and the financial data for the financial year they cover, and both due dates run from the date of the annual general meeting rather than from a fixed calendar date. The audited statements go on AOC-4 within 30 days of that meeting; the annual return goes on MGT-7, or on the abridged MGT-7A for a small company or a one person company, within 60 days of it.
Continued failure is not a paperwork problem. The additional fee accrues daily with no upper limit, the directors concerned can be disqualified and debarred from further appointment, and the Registrar can strike the company’s name off the register altogether. The Ministry has been active about all three.
- Who files
- Every registered company
- Whatever the turnover, including nil
- AOC-4
- Within 30 days of the AGM
- The audited financials
- MGT-7
- Within 60 days of the AGM
- The annual return
- Small companies and OPCs
- MGT-7A instead
- The abridged return, since FY 2020-21
- Additional fee
- ₹100 a day, per form
- No ceiling on the amount
- Audit
- Mandatory
- From the first financial year, without exception
- Turnaround
- 5 working days
- Subject to government processing time