Form AOC 4 – Required Documents, Fees, Penalty, and Due Date

Last Updated at: January 21, 2020
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Form AOC-4 - Required documents, fees, penalty and due date

Are you planning on starting a company? Do you feel that you need support on compliance?

If so, then you are in the right place. According to the Companies Act, 2013, every company must file its annual accounts within 30 days and return within 60 days of the conclusion of their Annual General Meeting. Also, all their financial statements must be filed to the Ministry of Corporate Affairs annually via AOC-4. Here’s a look at Form AOC4 and everything you need to know about it.

Requirements for filing AOC 4

  1. AOC-4 must be filed within 30 days of the Annual General Meeting concluding.
  2. The form must be filed with the Ministry of Corporate Affairs by uploading the necessary documents online.
  3. Every Form AOC-4 must be certified and verified by a Chartered Accountant or Company Secretary.

Who needs to file Form AOC 4?

  1. The companies listed in the Stock Exchange of India and their Indian subsidiaries
  2. Companies whose capital is Rs.5 Crore or more than that
  3. Companies with Rs.100 crores or more turnover
  4. Also, companies covered till date under Companies Rules 2011

Get free legal advice now

Documents Required for filing AOC 4 

  • Financial Statements:
  1. Balance Sheet
  2. Profit/Loss Account
  3. Cash Flow statement
  4. Change in equity statement 
  5. Board Report for Private/One Person/Limited and Section 8 Company
  • Auditors’ report 
  • Statement of subsidiaries 
  • Statement of fact regarding not adopting statements in the Annual General Meeting
  • Details of other entities, features of contracts and agreements– Form AOC-2
  • Statement of fact regarding not holding an AGM
  • Approval letter for extension of the financial year
  • Test audit report 
  • Company CSR policy 
  • Details of the comments made by the CAG of India
  • Secretarial Audit Report
  • Directors’ report 
  • Details of CSR activities

Procedure of Filing of Form AOC-4

  1. Financial Statements and Form AOC-4 must be filed to the MCA every financial Year. 
  2. All the documents must be signed and SD copies are not acceptable for AOC-4, which must always be hand-signed.
  3. Companies coming under the XBRL scheme must upload their financial statements on to the MCA portal in XBRL format. 

Due DateAll companies must file their Form AOC-4 at least within thirty days of concluding their Annual General Meeting. One Person Companies must file their Form within 180 days of the end of the fiscal year.  In case no AGM has been held, the statements and Form must be filed within 30 days of the date on which the AGM should have been held. The reason for not holding the AGM must also be mentioned in such cases. In case, the AGM is adjourned, the form must be filed at least within 30 days of the adjournment. In case, financial statements are unadopted, the form must be filed at least within 30 days of  AGM

For the financial year of 2019, the due date for filing AOC-4 and XBRL, AOC (CFS), has been extended to 31st December 2019. 

Download Form AOC 4 below

Download

Government Fee for Filing AOC-4

  • If the nominal share capital is
    • Less than 1 Lakh INR 200
    • Between 1 lakh and 5 lakhs   INR 300
    • Between 5 lakhs and 25 lakhs INR 400
    • Also, between 25 lakhs and 1 crore INR 500
    • Exceeds 1 crore INR600
  • If no nominal share capital INR 200

Penalty for Late Filing 

  1. Failure to file Form AOC-4 and the financial statements before the due date lead to the levying of various penalties.
  2. The penalty starts with a fine of INR 1000, for every delayed day up to 10 lakhs. 
  3. Further delay results in the company’s MD, Directors, and CFO receiving punishment which includes imprisonment for six months and a fine between 1 lakh and 5 lakhs.
  4. Penalty for delays up to 30 days, the penalty is twice the normal filing fees.
  5. For delays between 30 and 60 days, the penalty is four times the normal filing fees.
  6. For the delays between 60 and 90 days, the penalty is six times the normal filing fees.
  7. Also, for delays between 90 and 180 days, the penalty is ten times the normal filing fees.
  8. Or for the delays more than 120 days, the penalty is twelve times the normal filing fees.

 

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Form AOC 4 – Required Documents, Fees, Penalty, and Due Date

543

Are you planning on starting a company? Do you feel that you need support on compliance?

If so, then you are in the right place. According to the Companies Act, 2013, every company must file its annual accounts within 30 days and return within 60 days of the conclusion of their Annual General Meeting. Also, all their financial statements must be filed to the Ministry of Corporate Affairs annually via AOC-4. Here’s a look at Form AOC4 and everything you need to know about it.

Requirements for filing AOC 4

  1. AOC-4 must be filed within 30 days of the Annual General Meeting concluding.
  2. The form must be filed with the Ministry of Corporate Affairs by uploading the necessary documents online.
  3. Every Form AOC-4 must be certified and verified by a Chartered Accountant or Company Secretary.

Who needs to file Form AOC 4?

  1. The companies listed in the Stock Exchange of India and their Indian subsidiaries
  2. Companies whose capital is Rs.5 Crore or more than that
  3. Companies with Rs.100 crores or more turnover
  4. Also, companies covered till date under Companies Rules 2011

Get free legal advice now

Documents Required for filing AOC 4 

  • Financial Statements:
  1. Balance Sheet
  2. Profit/Loss Account
  3. Cash Flow statement
  4. Change in equity statement 
  5. Board Report for Private/One Person/Limited and Section 8 Company
  • Auditors’ report 
  • Statement of subsidiaries 
  • Statement of fact regarding not adopting statements in the Annual General Meeting
  • Details of other entities, features of contracts and agreements– Form AOC-2
  • Statement of fact regarding not holding an AGM
  • Approval letter for extension of the financial year
  • Test audit report 
  • Company CSR policy 
  • Details of the comments made by the CAG of India
  • Secretarial Audit Report
  • Directors’ report 
  • Details of CSR activities

Procedure of Filing of Form AOC-4

  1. Financial Statements and Form AOC-4 must be filed to the MCA every financial Year. 
  2. All the documents must be signed and SD copies are not acceptable for AOC-4, which must always be hand-signed.
  3. Companies coming under the XBRL scheme must upload their financial statements on to the MCA portal in XBRL format. 

Due DateAll companies must file their Form AOC-4 at least within thirty days of concluding their Annual General Meeting. One Person Companies must file their Form within 180 days of the end of the fiscal year.  In case no AGM has been held, the statements and Form must be filed within 30 days of the date on which the AGM should have been held. The reason for not holding the AGM must also be mentioned in such cases. In case, the AGM is adjourned, the form must be filed at least within 30 days of the adjournment. In case, financial statements are unadopted, the form must be filed at least within 30 days of  AGM

For the financial year of 2019, the due date for filing AOC-4 and XBRL, AOC (CFS), has been extended to 31st December 2019. 

Download Form AOC 4 below

Download

Government Fee for Filing AOC-4

  • If the nominal share capital is
    • Less than 1 Lakh INR 200
    • Between 1 lakh and 5 lakhs   INR 300
    • Between 5 lakhs and 25 lakhs INR 400
    • Also, between 25 lakhs and 1 crore INR 500
    • Exceeds 1 crore INR600
  • If no nominal share capital INR 200

Penalty for Late Filing 

  1. Failure to file Form AOC-4 and the financial statements before the due date lead to the levying of various penalties.
  2. The penalty starts with a fine of INR 1000, for every delayed day up to 10 lakhs. 
  3. Further delay results in the company’s MD, Directors, and CFO receiving punishment which includes imprisonment for six months and a fine between 1 lakh and 5 lakhs.
  4. Penalty for delays up to 30 days, the penalty is twice the normal filing fees.
  5. For delays between 30 and 60 days, the penalty is four times the normal filing fees.
  6. For the delays between 60 and 90 days, the penalty is six times the normal filing fees.
  7. Also, for delays between 90 and 180 days, the penalty is ten times the normal filing fees.
  8. Or for the delays more than 120 days, the penalty is twelve times the normal filing fees.

 

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