Registrar of Companies (ROC) filing refers to the process of submitting mandatory documents and reports to the Ministry of Corporate Affairs (MCA) in India. The ROC is a government authority that oversees and regulates companies and limited liability partnerships (LLPs) in the country. Filing with the ROC ensures that your company complies with Indian corporate laws and remains in good standing.
At Taxpaie, we provide comprehensive ROC filing services, ensuring your business meets all legal requirements, stays compliant, and avoids penalties. Whether you’re registering your company or filing annual returns, our expert team is here to guide you through the process.
ROC filing is essential for maintaining legal compliance with the Companies Act, 2013. Failure to file necessary documents can result in penalties, fines, or even the dissolution of the company.
Transparency and Accountability:ROC filings help maintain transparency and accountability, allowing authorities to track the company’s activities, financials, and ownership structure.
Credibility and Trust:Timely ROC filings reflect your business’s commitment to legal and financial transparency, boosting your credibility with investors, clients, and stakeholders.
Avoid Penalties and Fines:Non-compliance with ROC filing requirements can lead to hefty fines and other penalties. Regular and timely filing ensures that your business stays in good standing with the authorities.
Adding a partner to an LLP involves updating the partnership agreement and notifying the Ministry of Corporate Affairs (MCA).
Filing Form ADT-1 informs RoC about the appointment or reappointment of an auditor within the company.
OPC compliance includes filing returns, financials, and forms under the Companies Act,2013.
Annual compliance for a Private Limited Company includes filing returns, financials, records, and ensuring governance.
Annual filing for an LLP includes submitting returns, financial statements, and income tax returns to the MCA for compliance.
Changing a company’s name requires shareholder approval and updating legal documents as per MCA rules.
DIR-3 KYC filing is mandatory for DIN holders to update details with MCA, ensuring DIN validity and transparency.
DPT-3 is an annual return filing requiring companies to report deposits, loans, or advances, ensuring MCA compliance.
Event-based compliances under MCA involve filings triggered by changes like directors, share allotments, or MOA alterations.
Removing a partner from an LLP requires updating the LLP agreement and notifying the MCA to disassociate the partner.
Share transfer in a Private Limited Company involves transferring ownership between shareholders, following AOA and Companies Act, 2013.
Form INC-7: For registering a company under the Companies Act.
Form DIR-12: To appoint or remove directors of the company.
Form INC-22: For the registered office address of the company.
Annual Filing Requirements:All companies are required to submit annual documents to the ROC, including:
Form AOC-4: This is the annual financial statement of the company, including the balance sheet, profit and loss account, and auditor’s report.
Form MGT-7: This is the annual return of the company, detailing shareholder information and general company details.
These forms must be filed within 30 days of the Annual General Meeting (AGM).
Changes in Company Information:Any changes in company structure, such as amendments to the Articles of Association (AoA), Memorandum of Association (MoA), or changes in directors, must be filed with the ROC using forms such as:
Form DIR-12 :For appointing or removing directors
Form MGT-14 :For filing resolutions
Form SH-7 :For changes in capital structure
Filing of Financial Statements:The ROC requires companies to file their financial statements each year within a prescribed period after the AGM. These statements include the balance sheet, profit and loss account, and other financial documents.
Other Forms for Special Circumstances:Form DIR-3: For the appointment of new directors.
Form INC-20A: Declaration for commencement of business for a newly incorporated company.
Form GNL-2: For any other documents required to be filed with the ROC.
Preparation of Documents: Gather all the required documents, including financial statements, shareholder details, board resolutions, and director information.
Filling the Appropriate Forms: Depending on your filing requirement (e.g., annual returns, financial statements, changes in directors), complete the relevant forms on the MCA portal.
E-filing: File the forms electronically through the Ministry of Corporate Affairs (MCA) website using the appropriate digital signature.
Acknowledgment: After submitting the forms, you will receive an acknowledgment from the MCA, confirming the filing.
Payment of Fees: Certain filings require payment of filing fees, which depend on the type of form and the company’s paid-up capital. Ensure all fees are paid to avoid delays or penalties.
Compliance Certificate: In some cases, a compliance certificate may be issued by the ROC to confirm the company’s compliance with the filing requirements.
Failing to file annual returns or financial statements on time can result in significant penalties. The penalties can range from ₹100 per day to ₹100,000 for late filings, and further penalties may apply if documents are not filed at all.
Failure to file documents or provide accurate information may lead to legal consequences, including prosecution under the Companies Act.
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