Annual Return Filing for India Company, Learn More Today and Settle It Properly!
Just starting your very own company? Wondered what annual return filing is and what it is for? By now, you might have already known that your incorporated company, depending on what type, is required to host an annual general meeting (AGM) after every financial year. However, you might have heard of annual return filing, which sounds very technical. Lucky for you, this article will be covering the essentials of everything you should know. Annual Return Filing for India Company, learn more today and settle it properly!
What is an Annual Return Filing?
An annual return filing often happens along with the AGM, and it involves the submission of a series of documents to the Ministry of Corporate Affairs or Registrar of Companies (if your company is a Private Limited Company). This is per the Companies Act, 2013, and it is mandatory if applicable.
What Are the Required Documents?
The following will be a list of all the documents that you will need to prepare after the AGM and many of them have due dates counting from the days after the AGM. These durations can be from 30 days to 60 days after the AGM. Some documents can be completed by filling up certain forms. As a precaution, refer to your local authority, for more details pertaining to how these documents are to be prepared.
Among the documents are:
- The Balance Sheet of the Company (Form 23AC).
- Profit & Loss Account (Form 23ACA).
- Annual Returns for companies having a share capital (Form 20B) or without (Form 21A).
- Compliance Certificate (Form 66).
- Registered Office Address
- Register of Member
- Shares and Debentures details
- Information regarding the Management of the Company.
- The shareholding structure of the company
- Changes in Directorship (if any).
- Details of transfers of securities (if any).
What if I Run a Private Limited Company?
If that is the case, you will also have to liaise with the Registrar of Companies (RoC). Your company is to file certain select documents to the RoC as well as other tax returns if applicable. You will also need to fill in additional forms depending on which applies to you. You may contact the RoC for more up-to-date information. Forms to know:
- e-Form 20B, if your company has shared capital in accordance with Section 159, of Companies Act 1956.
- Related to the above. e-Form 21A is for companies without share capital.
These documents will include several important details such as the addresses of company’s members, name of the member along with their joining dates, details of directors and a document listing the total amount of indebtedness of the company.
The RoC also requires the following documents:
- Balance Sheet (Form 23 AC).
- Profit & Loss Account (Form 23 ACA).
- Certificate of Compliance (Form 66, filed by companies having paid-up capital of Rs. 10 lakh to Rs. 5 crores).
Ways to File the Documents
There are generally three ways to file these documents:
- Your company can elect a representative to upload the e-Forms through the MCA21 Portal through the Annual Filing Process. This process is entirely online.
- Your company can elect a representative to obtain help from Certified Filing Centres (CFCs) at a price.
- Your company can elect a representative to complete all the e-Forms and have them copied into a compact disc and hand them to your nearest Temporary Facilitation Offices (TFO). They will upload the documents on your behalf. This is, however, a lengthy process.
Here is some extra information that may be useful to you.
- Directors, managers and company secretaries need to sign the Annual Return.
- There is a penalty in terms of fines should you fail to file these documents on time.