What is ROC Filing or Secretarial Compliances ?

Every company is required to file the Audited financial statement and annual return as per The Companies Act, 2013 within 30 days and 60 days respectively from the conclusion of the Annual General Meeting date. Filing of Audited financial statement is governed under Section 129 and 137 of The Companies Act, 2013 read with Rule 12 of the Company (Accounts) Rules, 2014 and annual return is governed under Section 92 of the Companies Act,2013 read with Rule 11 of the Companies (Management and Administration) Rules, 2014.

The procedure of ROC filing the annual return and Audited financial statement can be easily understood by the following process:

  • Hold a Board Meeting to Authorize the auditor for the preparation of financial statements as per Schedule III of the Companies Act, 2013. Authorize the Director or Company Secretary for preparation of Board Report and Annual Return as per the Companies Act, 2013.
  • Hold another Board Meeting for approving the draft financial statements, Board Report and Annual Return by the directors of the company.
  • Conduct the Annual General meeting of the Company and pass the necessary resolutions. Please note that the financial statements are considered final only when the same is approved by the shareholders at the General Meeting.

Documents Required for ROC Annual Filing.

Every company has to attach some documents important while filing the ROC and it includes:

Balance-Sheet: Form AOC-4 to be filed by all companies while ROC filing

Profit & Loss Account: Form AOC-4 to be filed while ROC filing by all companies

Annual Return: MGT 7 to be filed by companies

Cost Audit Report: Form CRA 4 to be filed by the companies

Annual Compliance Checklist for Startups.

Appointment of Auditor (E-form ADT-1), Holding Board Meeting, Holding Annual General Meeting(AGM), E- Forms Filing Requirements, E-form: MGT-7, E-form: AOC-4, Form MBP- 1, Form DIR – 8, Directors’ Report, Statutory registers and books of accounts, Circulation of Financial Statement & other relevant Docs.

Note: Above mentioned Compliances are mandatory yearly compliances for the Small Private Limited Company. Except above compliances, there may be event-based compliances for the Small Company. The compliance requirement differs from a case to case basis depending upon nature of the business, product or service provided, the volume of turnover etc.