Accountability of the company to the stakeholders is mandatory and is done via Financial Statements, disclosures, Board’s report and the Auditor’s report. The main means of communication between the Board of Directors and the shareholders is through the financial statements. Form AOC 4 is used to file the financial statements for each financial year with the Registrar of Companies (ROC). In the case of consolidated financial statements, the company shall file the AOC 4 CFS.
Who has to file AOC 4?
The following companies are required to file AOC 4 XBRL (extensible business reporting language):
As per the Companies Act 2013, the following provisions are applicable for filing the financial statements with the ROC :
- All companies listed with any stock exchange in India and their Indian subsidiaries.
- All companies with a capital of 5 crores or above.
- All companies with a turnover of 100 crores or more.
- All companies which were covered till date under the Companies Rules 2011.
Under normal circumstances, 30 days from the last date when the AGM should have been held would be 30th October. This means Form AOC 4 should be filed latest by the October 30th of the relevant Assessment year. However, the due date for the current FY 2017-18 is extended to 31st December 2018 keeping in view the requests received from various stakeholders.
|Position of the Company
||Filing of financial statement with the Registrar
|Financial statement adopted at the AGM along with the consolidated financial statements and documents which are attached to the financial statements
||Within 30 days of the annual general meeting along with fees/additional fees as given under section 403
Note: In case of OPC the time period shall be taken as 180 days from the closure of the financial year
|In case of an adjourned meeting
||Within 30 days of the adjourned annual general meeting along with fees/additional fees as prescribed.
|If financial statements are unadopted
||Within 30 days of the annual general meeting
Note: The financial statements along with the documents will be considered provisional till the time the adopted financial statements are filed.
|If AGM is not held
||Within 30 days from the date when the AGM should have been held along with fees/additional fees as prescribed.
Note: The financial statements along with the documents and the reasons for not holding the AGM have to be filed
Points to remember while filing AOC 4
Points to be considered while filing Form AOC 4:
- Segment I- Information and Particulars in respect of Balance sheet (Part A)
- The CIN of the company needs to be entered. The same can be found here either by using the company’s registration number or company name.
- On clicking the pre-fill button, the name, registered office, email ID and date of incorporation will be automatically filled. If there is a change in the email ID then the same can be updated. The authorised capital and the number of members as on the date of filing will also be pre-filled.
- Start date and end date of the financial year is to be entered.
- Date of the Board of Directors’ meeting in which the financial statements and Boards’ report are approved has to be entered.
- Date of signing of reports on the financial statements by the auditors has to be entered.
- Details regarding whether the AGM was held and if yes date of AGM shall be entered.
- If the company is a subsidiary the particulars of the holding company has to be entered and if the company is a holding company the particulars of the subsidiary company has to be entered. The applicable provision of The Companies Act, 2013 on the basis of which it became a subsidiary has to be entered.
- Particulars of the auditor such as Name, membership number of the auditor/auditor’s firm’s registration number and address has to be filled in.
- The type of company and the applicability of Schedule III of The Companies Act 2013 has to be filled in correctly.
- Matters pertaining to the applicability of consolidated financial statements and the maintaining of books in the electronic form needs to be mentioned.
- Segment I- Information and Particulars in respect of Balance sheet (Part B)
- Part B consists of various details with regard to the balance sheet and the financial parameters of the balance sheet. This needs to be entered as well.
- Segment II- Information and Particulars in respect of Profit & Loss Account
- The detailed Profit & Loss Account and the financial parameters have to be filled in this segment.
- Segment III- Reporting of Corporate Social Responsibility
Segment IV- Disclosure about related party transactions
- Applicability of CSR as per Section 135 of the Companies Act 2013 and the rules have to be mentioned along with the turnover and net worth.
- Average Net profit of the company for the last three financial years in Rupees requires to be mentioned.
- Prescribed CSR expenditure is 2% of the average net profit of the company for the last three years. This should be mentioned in Rupees.
- Details regarding the spending activity have to be detailed out in the tabular format.
- In case the amount was spent with the assistance of implementing agencies the name address and email address of such agencies has to be mentioned.
- Details pertaining to the ‘Enclosure of Responsibility statement of the CSR committee on implementation and monitoring of CSR policy to the Boards’ report’ has to be given in the positive or negative.
Segment V- Auditor’s Report
- Particulars of contracts entered on arm’s length basis and those not entered on arm’s length basis has to be given in a detailed manner.
Segment VI- Miscellaneous
- If the CAG has commented/supplemented the audit report under Section 143 of the Companies Act 2013 the same has to be mentioned (Applicable in case of Government Company).
- Details of the adverse remarks made by the auditor and applicability of CARO to the company has to be stated in this segment.
To add, various attachments as detailed out in the form have to be attached.
- Applicability of secretarial audit and attachment of detailed disclosure with respect to directors’ report under Section 134(3) are the two aspects covered in this section.
Certifying Form AOC 4
A declaration has to be given by the Director/Manager/Secretary/CEO/CFO certifying that all information provided in the form is true and correct and is in compliance with the law. The form has to be digitally signed along with the DIN of the director or PAN of the Manager/CEO/CFO. A full time practising Chartered Accountant/Cost Accountant/ Company Secretary has to provide a declaration stating he/she has verified all the documents attached and he/she certifies all the information to be true, correct and complete. The practising professional has to also state the membership number and the status i.e. fellow or associate.
Fees for filing AOC 4
The applicable fees based on the share capital are as follows:
For Company not having share capital Rupees 200 per document will be the fees.
|Nominal Share Capital
|Less than 1,00,000
||Rupees 200 per document
|1,00,000 to 4,99,999
||Rupees 300 per document
|5,00,000 to 24,99,999
||Rupees 400 per document
|25,00,000 to 99,99,999
||Rupees 500 per document
|1,00,00,000 or more
||Rupees 600 per document
Late fees on form AOC 4
In case of delay in filing the annual returns/balance sheet/financial statement the following fees is applicable:
In case of delay in filing the belated annual returns/balance sheet/financial statement the following fees is applicable:
|Period of Delay
||Additional fee payable
|Delay beyond the period provided under Section 137(1) of the Act – Due dates to file AOC 4 (within thirty days of the date of annual general meeting)
||Rupees 100 per day
|Period of Delay
||Additional fee payable
|Up to 30 days
||2 times of normal filing fees
|More than 30 days and up to 60 days
||4 times of normal filing fees
|More than 60 days and up to 90 days
||6 times of normal filing fees
|More than 90 days and up to 180 days
||10 times of normal filing fees
|Beyond 180 days
||12 times of normal filing fees
Penalty for non-filing AOC 4
||INR 1000 for every day of default subject to
Max of INR 10 Lakhs
|1. Managing Director/Chief Financial Officer
2. In case of the absence of the Managing Director/Chief Financial Officer-Any other Director who the Board assigns the responsibility.
3. In case of the absence of any such Director-All directors of the company
||INR 1 Lakh
INR 100 for each day of default subject to Max of INR 5 Lakhs