March 10, 2019

Filling financial statements with ROC every year | AOC 4 E FORM

Companies are regulated by Registrar of Company (“RoC”) and RoC needs to ensure that it has all the information about company which ensures transparency of the company to the public. Financial statements provides information about financial position of company. Therefore, companies Act requires every company to file their financial statement with RoC every year through form available on Ministry of Corporate Affair (“MCA”) portal.

Accordingly, in addition to annual return, as per Section 137 of Companies Act, 2013, every company is required to file its financial statements including consolidated financial statement with RoC within 30 days from the date of Annual General Meeting (“AGM”)

As per Rule 12(1) of Companies (Accounts) Rules, 2014, financial statements should be filed with ROC in form AOC 4.

Non-compliance of such provisions leads to monetary and non-monetary penal consequences on company and management of the company.

Information about e-form AOC-4 is given below in FAQ form:

1. What is e-Form AOC 4?

AOC-4 is used to file financial statements with RoC. In addition to the annual return a company is also required to file its financial statement. Financial statement consists Balance Sheet, Profit & Loss Account, Cash Flow Statement, if applicable, and other documents. Financial statements adopted in Annual General Meeting are required to file with RoC.

2. Who is required to file AOC 4 eform?

Every company (whether public or private or Listed or unlisted) including OPC is mandatorily required to file such form with RoC on annual basis.

3. What is the due date to file this form?

Adopted financial statements should be filed with RoC within 30 days from the date of AGM.

4. What is the time limit for AOC-4 filing if financial statements are not adopted in AGM?

If financial statement is not adopted in AGM or adjourned AGM then company will file such unadopted financial statements with RoC within 30 days of the AGM and registrar will take such financial statements on record as provisional till adopted financial statements are filed with RoC.

5. What is the due date of AOC 4 filing in case of One Person Company?

One Person Company should file AOC-4 within 180 days from closure of financial year.

6. If Financial statement or board report is required to be revised, whether company should file AOC-4 again?

If financial statement or Board report revised under section 130 (Re-opening of accounts on court’s or tribunal’s order) or Section 131 (voluntary revision of Financial Statement or Board’s report) of companies act, 2013 then company should file such revised financial statement with RoC within 30 days from Order of competent authority.

7. What if company fails to held AGM during any financial year?

In such case, company shall file financial statement alongwith all documents and duly signed statement of facts and reason for not holding AGM with RoC within 30 days of the last date before which AGM should have been held. E.g., For FY 2018-19, AGM should be held on or before 30^th September, 2019, therefore, documents should be filed on or before 30^th October, 2019.

8. What are penalties of non-filing of AOC 4?

In case of non-filing of AOC-4, the company shall be punishable with fine of INR 1,000 for every day during which default continues not exceeding INR 10 Lacs. Further, responsible management personnel (i.e., Managing Director, Chief Financial Officer or any other responsible person) shall be punishable with imprisonment for a term which may extend upto 6 months or fine of minimum INR 1 Lac but not exceeding INR 5 Lacs.

9. What is legal fee for filing this form?

Amount of legal fee to be paid alongwith AOC-4 is based on share capital. Fee structure based on share capital is as follows:

Share capital	Fee Applicable
Less than INR 1,00,000	INR 200
1,00,000 to 4,99,999	INR 300
5,00,000 to 24,99,999	INR 400
25,00,000 to 99,99,999	INR 500
I,00,00,000	INR 600

*In case of company without share capital, fee applicable is INR 20

10. Is there any additional fee applicable in case of delay in filing of AOC-4?

Delay in filing of AOC-4 attracts additional fee. Norms for additional fee has been amended w.e.f. 30^th June, 2018. Additional fee of INR 100 per day is applicable in case of filing of AOC-4 after 30^th June, 2018.

Additional Fee applicable for delay in filing of financial statement upto 30^th June, 2018:

Period of delay	Additional fee payable
Up to 30 days	2 times of normal filing fees
More than 30 days and up to 60 days	4 times of normal filing fees
More than 60 days and up to 90 days	6 times of normal filing fees
More than 90 days and up to 180 days	10 times of normal filing fees
Beyond 180 days	12 times of normal filing fees

11. What all documents are required to attach while filing form AOC 4?

Following documents are required to attach with AOC-4:

Financial statement including Board’s Report, Auditor’s Report and other documents-Mandatory
Statement of subsidiaries- If applicable
Statement of facts and reasons of not adopting financial statement in AGM- If provisional unadopted financial statement are being filed
Statement of facts and reasons for not holding AGM– If applicable
Approval letter for extension of AGM– If applicable
Secretarial Audit Report– If applicable
Director’s Report– mandatory

12. Is AOC-4 required to be verified by practicing professional?

Yes, AOC-4 should be digitally signed by a practicing professional, i.e., chartered Accountant, Cost Accountant or company secretary in practice.

13. Where to download AOC 4 E form

Click on link to download the AOC 4 form

Description	E form with Instruction	E-form
Form for filing XBRL document in respect of financial statement and other documents with the Registrar	Form AOC-4(XBRL) [zip] (635 KB)	Form AOC-4(XBRL) [zip] (176 KB)
Form for filing financial statement and other documents with the Registrar	Form AOC-4 [zip] (1.3 MB)	Form AOC-4 [zip] (672 KB)
Form for filing consolidated financial statements and other documents with the Registrar	Form AOC-4(CFS) [zip] (1 MB)	Form AOC-4(CFS) [zip] (452 KB)

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DISCLAIMER: The views expressed are strictly of the author and VJM & Associates LLP. The contents of this article are solely for informational purpose. It does not constitute professional advice or recommendation of firm. Neither the author nor firm and its affiliates accepts any liabilities for any loss or damage of any kind arising out of any information in this article nor for any actions taken in reliance thereon.

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