ANNUAL FILING F.Y. 2014-15

ANNUAL FILING F.Y. 2014-15

GOYAL DIVESH & ASSOCIATES

Dear Professionals

I have already published two articles relating to the Annual Filing and both are available on google.

·        Series No. 110 (Process for Annual Filing) and
·        Series No. 96 Compliance Calendar

In this article I share Brief Note on Annual Filing for  the F.Y. 2014-15

A.  Annual Forms Required to be File:
S. No.
Private Company
Public Company
Listed Company
1.      
MGT-7
MGT-7
MGT-7
2.     
AOC-4
AOC-4
AOC-4
3.        

MGT-14
MGT-14
4.       
MGT-9
MGT-9
MGT-9
5.        
AOC-1
AOC-1
AOC-1
6.       
AOC_2
AOC_2
AOC_2
7.       




B.   Purpose of the Forms:

S. No.
Form No.
Purpose of Form
Status of Form
1.      
MGT-7
Annual Return
E-Form
2.     
AOC-4
Financial Statement and other documents with the Registrar
E-Form
3.     
MGT-14
Approval of Directors’ Report and Annual Statement
E-Form
4.       
MGT-9
Extract of Annual Return
Attachment
5.        
AOC-1
If Company have any Subsidiary/ Associate/ Joint Venture Company
Attachment
6.       
AOC_2
Information relating to Related Party Transaction.
Attachment

C.  Attachment in the Forms:

Form No.
Attachments:
AOC-4
·        Financial statements duly authenticated as per section 134
·        auditors’ report
·        Board’s report
·        MGT-9
IF ANY
·        Secretarial Audit Report
·        Statement of subsidiaries/ Associates/ Joint Ventures as required under section 129 in the format of Form AOC-1 Company CSR policy
·        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
MGT-7
·        List of shareholders,
·        Debenture Holders
IF ANY

·        Approval letter for extension of AGM
·        Copy of MGT-8;
MGT-14
·        Board Resolution for approval of Financial Statement
·        Board Resolution for approval of Directors’ Report

D.  Time Period for filing of Forms:

AOC-4
Within 30 days of Holding of Annual General Meeting
MGT-7
Within 60 days of holding of Annual General Meeting
MGT-14
Within 30 days of Holding of Board Meeting

E.   Sections Relating to Annual Forms:

Form
Section and Rules
MGT-7
Section 92(1) of the Companies Act, 2013 and rule 11(1) of the Companies (Management and Administration) Rules, 2014
Aoc-4
Section 129(3), 137 of the Companies Act.2013 and Rule 12(1) of the Companies (Accounts) Rules, 2014
MGT-14
Section 179(3)(g) read with section 17(3)(g)


NOTE:

§  AOC-1:
As per provisions of Section 129(3) read with Rule 5 every company which have any subsidiary/Associate/Joint Venture Company required to attach AOC-1 along with AOC-4.

Even Companies exempted for preparation of Consolidated Financial statement required to attach AOC-1.

§  Date of Filing:

MCA came with a circular according that Companies which have done there Annual General Meeting before 30th September, 2015 can file AOC-4 & MGT-7 upto 30th October, 2015 without any late fee.

§  Form 23AC/ACA:
If Financial of Company started before 01.04.2014 then Annual Statement will file in e-form 23AC, ACA for this financial year instead of AOC-4.

§  ADT-1:
No need to file e-form ADT-1 for ratification of Auditor.

§  Professional Certification MGT-7:
No Need of Professional Certification in e-form MGT-7 of Small Company and One Person Company.

(Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at csdiveshgoyal@gmail.com)

Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. The observations of the author are personal view and the authors do not take responsibility of the same and this cannot be quoted before any authority without the written 


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