ROC Full form and how to comply with ROC under companies Act,2013
October 9, 2019
About ROC full form
ROC full form or Registrar of Companies manages the direction and administers the working of various companies registered under the Companies Act,1956 and the Companies Act, 2013. The ROC has an obligation to ensure that the companies are properly enrolled and the records & data entered are precise and accurate. The ROC maintains the registry of records, identify the company enlisted with them and make the data available for any individual in exchange for the endorsed charge.
ROC filing compliance
According to the Companies Act, there are compliances that need to be filed by every private organization registered under the Companies Act. These compliances are done by the ROC full form. Annual compliances are filed by the ROC full form and these include annual return draft, revelation by Directors and refreshing the Statutory Register. All comes under ROC full form compliances.
This has to be precise and there is no need for any slack. And in case of slack, punishments and legal cases are bound to happen.
Private organizations have to file annual compliance. As the name suggests, it is done every year and according to the rules of the Companies Act. These are mandatory and general & monetary in nature. These are done by companies to avoid fines. And for this reason, companies have to be exact while preparing such compliances. Legitimate council and monetary accounting are suggested.
Types of ROC forms
Form 23AC (balance sheet) and Form 23 ACA (profit and loss)
Company’s balance (form 23AC) sheet has to be submitted to ROC full form within 30 days of AGM (Annual General Meeting). In case, the AGM is not scheduled, the company has to e-document the duplicate of Balance sheet/Profit and Loss account (form 23AC) with the ROC full form within 30 days from the most recent day at the latest which the meeting ought to have been held.
Form 20B or Form 21A (Annual returns)
The annual returns of the company must be filed within 60 days of AGM (form 20B) or if the AGM (form 21A) is not held, then the returns have to be documented within 60 days from the AGM ought to have held.
Form 66 (compliance certificate)
All those companies, that have their paid-up share capital between Rs.10 lakhs to Rs. 50 crore, is required to file compliance certificate under form 66 with the given provisions
- Every company having paid-up capital more than Rs.10 lakh has to carefully record a compliance certificate (which the company has gotten from the Company Secretary) with the ROC full form within 30 days from the Annual general meeting along with the annual report.
- In the case of AGM not held by the company, then these documents need to be submitted to the ROC full form within 30 days from the most recent day at the latest which the meeting ought to have been held.
The procedure of ROC filing
Maintain the book of accounts
The very first step for every company is to maintain the book of accounts properly. This is a necessary step, not only for legal reasons but for business reasons as well. The Companies Act 2013 has made it mandatory for every business holder to maintain books of accounts.
This would be beneficial for business as this would be informative to the director of the company to know whether the business is making profits or incurring losses. TDS return filing, GST return filing, benefit assessment form, all include the act of maintaining books of accounts.
Prepare financial statements
Including the books of accounts, every company has to prepare the financial statements of the firm. The financial statements indicate the financial position of the firm, performance, and changes in the financial position of an assessee and incorporate balance sheet, benefit and misfortune account and different statements and illustrative notes forming part thereof.
Appoint an auditor to the company
Every company has to appoint its first auditor within the first month of its operations. This service is taken by a Chartered Accountant, or a firm of Chartered Accountants thereof can be an auditor to the firm. This auditor has to be an autonomous body and should not have any predisposition towards the firm.
The auditor’s duties are valid till the AGM of the company, after that the firm could select the same auditor again or can supplant the auditor.
Statutory Audit of Private Limited Company Financial Statement
The audit is a vital part of the administration of the company. The auditor would audit the account and present the details of the audit of the company to the individuals. Auditor of the company has to let the company know whether the account is a genuine and reasonable representation of the firm or not.
Conduct an Annual General Meeting
The AGM or Annual General Meeting is among the owners of the company i.e. the shareolders. AGM has to be conducted every year without exception. And according to the Companies Act, no company is absolved from this act, apart from one person company. In this meeting, the audited financial statements of the Company with the Auditor’s Report and Director’s Report are put before the individuals from the Company.
After this viewing, the shareholders launch the annual report of the company after due thought.
Annual filing with the ROC full form
After the Annual General Meeting is conducted, the company has to file an annual report to the ROC full form. The annual report that is filed in the format given by the Ministry of Corporate Affairs is called the annual filing of the company. This return has to be filed within 60 days of the Annual General Meeting of the company.
Some important FAQs
- Q- Who has to file for company ROC return?
- A- The director of the company has to file for the ROC returns. Read about Directors of Company under Companies Act,2013
- Q- What is the fee charged for filing ROC forms?
- A- The government fee for ROC returns is Rs. 200
- Q- What is the penalty charged for filing late returns?
- A- As a penalty Rs.100 is charged every day