Annual Return Filing
Every Company is required to comply with the legal and procedural requirements as and when required. As part of Annual Filing or Annual Compliances various forms have been prescribed under the Companies Act which is required to be filed to the ROC annually by the Companies.
The Annual Compliances in respect of Companies are as follows :
- Form 23AC – Balance Sheet to filed by all Companies.
- Form 23ACA – Profit/ Loss account to be filed by all the Companies.
- Form 20B – Annual return to be filed by Companies having share capital.
- Form 21A – Annual return to be filed by companies not having share capital.
- Form 23B – Information by Auditors to Registrar.
- Form 66 - Compliance Certificate to be filed by Companies having paid up capital of Rs.10 lacs to Rs. 5 crores.
Detailed views of the aforesaid forms are summarized as below :
1.Balance Sheet/ Profit & Loss Account
The following provisions relating to balance sheet.
- The balance sheet to be finalized at the Annual General Meetings.
- Copy of the Annual report including Balance Sheet etc. to be e-filed with the ROC within 30 days of the date of the Annual General Meeting.
- AGM is not held, balance sheet/profit & loss account to be e-filed within 30 days from the latest day on or before which the meeting should have been held.
The annual returns relating to covers annual return in Form 21A and Form 20B. The provisions in this respect are
- File the form 20B OR 21A in an electronic mode the annual return forms within 60 days of the holding of the annual general meeting.
- Where annual general meeting has not been held, the return is required to be filed within 60 days from the date on which the annual general meeting should have been held.
- As per sec 161, the return is to digitally signed.
- In case of a company whose shares are listed on a recognized stock exchange; the return is to be also signed digitally by a secretary in whole-time practice.
3.Information by Auditors to Registrar
As per sec 224(1A) of Companies Act, 1956 Form 23B is to be submitted to the ROC within 30 days of appointment of Auditors.
The provisions in respect of this Form are as under –
- The Auditors are required to digitally sign the Form 23B and intimate the Registrar about the appointment and reappointment of the auditor of the particular company.
- The Auditors are also required to receive intimation in the form of draft letter of his appointment or reappointment by the Companies concerned and the same should be attached with Form 23B which is to be filed with the ROC.
- SRN (Service Request Number) of Form-23B which is filed with the ROC is mandatory required to be mentioned in FORM-23AC for filing the Balance Sheet.
Form 66 of Companies Act is related to filing of Compliance Certificate by the certain companies. The provisions related to this are
- The companies having paid up capital of more than Rs. 10lacs,
A compliance certificate which is obtained from a Company Secretaries in whole time Practice within 30 days from the date of annual general meeting, along with the Annual Report.
Bin the case of AGM is not held for the year,
Compliance Certificate to be digitally filed with the ROC within 30 days from the latest day on or before which that meeting should have been held.