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The Companies Act, 1956 mandated filing certain documents with the Registrar of Companies (ROC). All the companies registered under the Companies Act, 1956 were required to file their annual returns with the ROC. There are two forms to file the annual returns, which are form 20B and form 21A.
However, after implementing the Companies Act, 2013, every company must file annual returns as provided under the Companies Act, 2013 and its Rules. Thus, all companies must currently file form MGT-7 every year, which is the prescribed annual return form under the Companies Act, 2013.
Every company with a share capital should prepare and file an annual return, i.e. e-form 20B, within 60 days from the date the AGM (Annual General Meetings) was held.
Every company should prepare an annual return containing the below particulars as they stood at the close of the financial year and file it with the ROC:
The Companies Act, 2013 replaced the Companies Act, 1956 and all the companies registered under the Companies Act, 1956 had to follow the provisions of the Companies Act, 2013. Accordingly, all companies registered under the Companies Act, 1956 that filed their annual returns in e-form 20B had to file their annual returns in the form prescribed under the Companies Act, 2013 and not e-form 20B.
Thus, after introducing the Companies Act, 2013, every company that is not a One Person Company (OPC) or small company must file their annual returns in form MGT-7. An OPC and small company must file their annual returns in form MGT-7A. The companies must state the following particulars in the annual returns filed by them under the Companies Act, 2013:
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