Home Company Law - Editorial CLARIFICATION – DUE DATE OF FILING OF ANNUAL FORM (AOC-4, MGT-7, ADT-1) FOR F.Y. ENDED 31.03.2020

CLARIFICATION – DUE DATE OF FILING OF ANNUAL FORM (AOC-4, MGT-7, ADT-1) FOR F.Y. ENDED 31.03.2020

by CS Divesh Goyal

Summary:

In this editorial, the author is going to discuss very relevant interrogations received from our professional colleagues through our WhatsApp groups “Gyan Gurukul” concerning “Due Dates” i.e.

“What is the Due date of filing of Annual Forms (AOC-4, MGT-7 & ADT-1) for the financial year ended 31.03.2020?”

There is confusion between corporates and professionals regarding the due dates of the Annual Form. As some people are having a view that it is 31.12.2020 as per the CFSS Scheme, some having a view that it is 31st January 2021, etc.

Provisions of Law:

As per section 137, the adopted financial statements of the Company are required to be filed with the ROC via e-form AOC-4 within 30 days of the AGM.

As per section 92, the Annual Return of the Company is required to be filed with the ROC via e-form MGT-7 within 60 days of the AGM.

As per section 139, the form for appointment of the auditor is required to be filed with the ROC via e-form ADT-1 within 15 days of the AGM.

Question of Editorial: 

“What is the Due date of filing of the Annual Forms (AOC-4, MGT-7 & ADT-1) for the financial year ended 31.03.2020?”

Point 1:  Due date of filing of annual forms is the related date of the Annual General Meeting of the Company.

Point 2: If AGM of the Company held on or after 1st December 2020, then there is no impact of CFSS on the due date of filing of the Annual Forms.

Point 3: If the AGM of the Company held any date on or before 30th November 2020, then the due date of filing of the annual forms shall be 31st December 2020 due to the CFSS Scheme.

Conclusion:

As per the above-mentioned provisions of Section 137, 92, 139, the company must calculate the due date of filing of e-form like AOC-4, MGT-7, ADT-1 depending upon the date of AGM of the Company

Except

If the AGM of the Company is held before 30th November 2020, then the Company has to take the benefit of the CFSS scheme and can file an e-form up to 31st December 2020 with additional compliance of the CFSS form.

 Example:

   If the AGM is held on or before 30th November 2020  If AGM is held on or after 01st December 2020
Due Dates of filing of the annual form

 

31st December 2020

 

AOC-4 – {AGM + 30 days)

MGT-7 – {AGM + 60 days)

ADT-1 – {AGM + 15 days)

  Any additional compliance

 

Need to file CFSS form if forms are filed after the due date but up to 31.12.2020 No need for any additional compliance
  Additional Fees

 

No additional fees till 31st December 2020 No additional fees till the due date. After that additional fees shall levy

Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at csdiveshgoyal@gmail.com).

Disclaimer: The entire contents of this document have been prepared based on relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness, and reliability of the information provided, I assume no responsibility, therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a piece of professional advice and is subject to change without notice. I assume no responsibility for the consequences of the use of such information.

IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION

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