AOC-4
AOC-4 is an e form filed with the Registrar for filing Financial Statements of the Company.
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INTRODUCTION
AOC-4 is an e form filed with the Registrar for filing Financial Statements of the Company.
A financial statement of a Company includes a Balance Sheet, Profit and Loss Account, a Cash flow statement, and a statement of changes in Equity (if applicable).
According to the Companies Act 2013, every Company is required to file a copy of financial statements, duly adopted in the Annual General Meeting by the Members of the Company with the Registrar of Companies within 30 days from the date of the Annual General Meeting.
SECTIONS APPLICABLE
Section 137 of Companies Act 2013, states the procedure for filing of Financial Statement of the Company with the Registrar of Companies.
As per the Section, every company is required to file a copy of the financial statement with the Registrar of Companies within 30 days from the date of the Annual General Meeting in Form AOC-4 along with such fees as may be prescribed.
AOC-4
Every Company shall file its financial statements along with other necessary documents with Registrar of Companies in Form AOC-4 and Form AOC-4 CFS (in case of Consolidated Financial Statements).
Every Non-Banking Financial Company (NBFC) which is required to comply with Indian Accounting Standards (Ind AS) shall file the financial statements with Registrar together with Form AOC-4 NBFC (Ind AS) and the consolidated financial statement, or Form AOC-4 CFS NBFC (Ind AS), in case of Consolidated Financial Statements.
The Central Government may by notification specify the class of Companies which shall mandatorily file their financial statement in Extensible Business Reporting Language (XBRL) format and the Central Government shall also notify the manner of filing of Form AOC-4 in such format.
PENALTY
In case, the Company fails to comply with the provisions of Section 137 or fails to file Form AOC-4 with the Registrar, the penalty shall be as follows:
| Particulars | Penalty |
| For Company | Rupees 10,000/- In case the default continues: Rupees 100/- per day till the default continues (subject to maximum Rupees 2 lakhs) |
| For Managing Director, Chief Executive Officer, Chief Financial Officer , Director in charge or Directors of the Company | Rupees 10,000/- In case the default continues: Rupees 100/- per day till the default continues (subject to maximum Rupees 50,000/-) |
TIMELINE
Every Company shall file the Financial Statement within 30 days from the date of the Annual General Meeting.
As the financial statements are required to be adopted in the Annual General Meeting before filing with the registrar, and if the Company fails to adopt the financial statement in its Annual General Meeting, it shall file provisional financial statements within 30 days from the date of Annual General Meeting.
If the Company fails to hold the Annual General Meeting, the Company shall file the Financial Statements along with the statement of facts and reasons for not holding the annual general meeting with the Registrar within 30 days from the last date when the annual general meeting should have been held along with such fees or additional fees as may be prescribed
However, the One Person Company shall file its Financial Statement duly adopted by the Member along with necessary documents and with such fees as may be prescribed within 180 days from the closure of the Financial Year.
CONCLUSION
It is mandatory for every company to file Form AOC-4 with the Registrar. A company shall file such a form within the prescribed time to avoid penalties and late fees.
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