AOC-4 Filing by Private Limited Companies
The Ministry of Corporate Affairs requires the filing of the financial statements of a company every year. AOC-4 MCA form is for filing financial statements of the company and is to be submitted with the MCA for each Financial Year within 30 days of a company’s annual general meeting. Other documents to be filed along with AOC-4 form are Board’s report, Auditors’ report, Statement of subsidiaries in Form AOC-1, details of CSR policy, etc. are filed. It must be certified by a practicing Chartered Accountant or Company Secretary.
Documents to Be Filed in AOC-4
Financial Statements of a company consists Balance Sheet, Profit and Loss Account, Cash Flow statement (if applicable), statement of change in equity (if applicable) and any explanatory notes annexed to the financial statements. Financial statements together with Board Report must be filed for all companies registered in India (Private Limited Company, One Person Company, Limited Company, Section 8 Company, etc). The complete list of documents that must be filed with AOC-4 is as follows:
- Copy of financial statements duly authenticated as per section 134 (including Board’s report, auditors’ report, and other documents)
- Statement of subsidiaries as per section 129 – Form AOC-1
- Statement of the fact and reasons for not adopting Financial statements in the annual general meeting (AGM)
- Statement of the fact and reasons for not holding the AGM
- Approval letter of extension of financial year or AGM
- Supplementary or test audit report under section 143
- Company CSR policy as per sub-section (4) of section 135
- Details of other entity(s)
- Details of salient features and justification for entering into contracts/Arrangements/transactions with related parties as per Sub-section (1) of section 188 – Form AOC-2
- Details of comments of CAG of India
- Secretarial Audit Report
- Directors’ report as per sub-section (3) of section 134
- Details of remaining CSR activities
- Optional attachment(s), if any.
XBRL Filing of Form AOC-4
The financial statements must be uploaded on MCA portal in XBRL format in case of the companies covered under XBRL requirement under the Companies (Filing of documents & Forms in Extensible Business Reporting Language) Rules, 2015, The following class of companies are required file their financial statements and other documents in e-Form AOC-4 XBRL on or after 1st April 2014:
- All companies listed with any Stock Exchange(s) in India & their Indian subsidiaries
- All companies having paid up capital of rupees five crores or above
- All companies having a turnover of rupees hundred crores or above
- All companies which were hitherto covered under the Companies (Filing of Documents & Forms in Extensible Business Reporting Language) Rules, 2011
Due Date for Filing AOC-4
All companies registered in India under the Companies Act, 2013 are required to file a copy of financial statements, including all the documents which are required to be or attached, duly adopted at the annual general meeting of the company, within thirty days of conducting an Annual General Meeting. Eg. if AGM is held on 30 Sept 20XX, AOC 4 must be filed not later than 29th Oct 20XX. Since, One Person Company does not have an Annual General Meeting, One Person Company must file a copy of the financial statements, within 180 of closure of the financial year.
If the annual general meeting of a company for any year has not been held, the financial statements along with the documents required to be attached, duly signed along with the statement of facts and reasons for not holding the annual general meeting should be filed with the Registrar within 30 days of the last date before which the annual general meeting should have been held.
Government Fee for Filing AOC-4
The Government fee for submitting Form AOC-4 on or before the due date is as follows:
|Company’s Nominal Share Capital||Government Fee|
|Upto Rs.1 lakh||Rs.200|
|Rs. 1 lakh to Rs. 5 lakhs||Rs.300|
|Rs. 5 lakhs to Rs. 25 lakhs||Rs.400|
|Rs. 25 lakhs to Rs. 1 crore||Rs.500|
|Rs. 1 crore and more||Rs.600|
For companies not having nominal share capital, the government fee for filing Form AOC-4 is Rs.200.
Penalty for Late Filing AOC-4
If a company fails to file AOC-4 along with a copy of the financial statements before the due date, the company will be punishable with a fine of one thousand rupees for every day during which the failure continues up to a maximum amount of Rs.10 lakhs. Further, the Managing Director, Directors and the Chief Financial Officer of the company, could be punished with imprisonment for a term which may extend to six months or with fine which will not be less than Rs.1 and upto Rs.5 lakhs.
In addition to the above penalty, the Government fee for filing AOC-4 would also be increased as follows:
|Number of Days Delayed||Penalty Amount for Late Filing|
|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|
|More than 180 days and up to 270 days||12 times of normal filing fees|
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