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We have made an attempt to provide information cum clarification on Forms AOC-4 & MGT-7 for reporting the Financial Statements and Annual Return, respectively, as the Annual Filing is soon approaching.

The below table provides detailed information w.r.t AOC-4 & MGT-7:

Particulars	Form AOC-4 & iAOC-4 CFS	Form AOC-4 XBRL	Form MGT-7	Form MGT-7A
Section Applicable	Section 129(3), 137	Section 137	Section 92(1)	Section 92(1)
Rules Applicable	Rule 12(1) of the Companies (Accounts)  Rules, 2014	Rule 12(2) of the Companies (Accounts) Rules, 2014 read with Companies (Filing of documents and forms in Extensible Business Reporting Language) Rules, 2015	Rule 11(1) of the Companies (Management and Administration) Rules, 2014	Rule 11(1) of the Companies (Management and Administration) Rules, 2014
Applicability	Every Company	Certain Class of Companies	Every Company other than OPC and [1]Small Company	Every OPC and small company
Purpose	Filing of Financial Statements with Registrar of Companies	Filing of Financial Statement with Registrar of Companies [i]subject to Applicability	Filing of [ii]iAnnual Return with Registrar of Companies	Filing of Annual Return with Registrar of Companies
Due Date	Within 30 Days from the date of AGM Within 180 Days of Closure of Financial Year in case of OPC u/s 137(1)	Within 30 Days from the date of AGM	Within 60 Days from the date of AGM	Within 60 Days from the date of AGM

Penalty :

1. Non-filing of AOC-4 or belated filing of AOC-4 results in huge penalties. The penalty for belated or non-filing of form AOC 4 w.e.f. 30^th June 2018 is Rs 100 per day in default.
2. Nonfiling of MGT 7 / 7A or belated filing of MGT 7 / 7A results in huge penalties. The penalty for belated or non-filing of form MGT 7 / 7A w.e.f, 30/06/2018 is Rs 100 per day in default.

Particulars	Form AOC-4 & iAOC-4 CFS	Form AOC-4 XBRL	Form MGT-7	Form MGT-7A
Signing Authority	A. Small Companies Small Companies having paid up capital of Rs. 2 Crores and turnover of Rs. 20 crores in the previous year does not require practicing professional certification.   B. For all other Companies AOC 4 needs to be duly signed by the Director and certified by a practicing professional before uploading.		1. MGT-7 needs to be duly signed by the company and the practicing professional before uploading.	MGT-7A applicable for small companies that do not need an auditor signature. It can be uploaded by a director of the company with DIN.
	i. Company Signature Under declaration section, Director identification number (DIN) of the director; or PAN of the manager or CEO or CFO.   ii. Practicing Professional Signature Signed by either a) Chartered Accountant (CA in whole time practice) or b) Cost Accountant (ICWA in whole time practice) or c) Company Secretary (CS in whole time practice)

Particulars	Fees
Form AOC-4 & iAOC-4 CFS	[1]Annexure A
Form AOC-4 XBRL
Form MGT-7
Form MGT-7A

Form Download Link : https://www.mca.gov.in/MinistryV2/companyformsdownload.html

ⁱCFS means consolidated financial statements. AOC 4 CFS is the e form for the companies required to prepare consolidated financial statements as per 129(3) of companies act 2013. Companies having 1 or more subsidiaries within, or outside India will have to file AOC 4 and AOC 4 CFS.

ⁱⁱSmall company means a company, other than a public company.

(i) paid-up share capital of which does not exceed fifty lakh rupees or such higher amount as may be prescribed which shall not be more than 10 [ten crore rupees]; and

(ii) turnover of which as per profit and loss account for the immediately preceding financial year does not exceed two crore rupees or such higher amount as may be prescribed which shall not be more than 100 [one hundred crore rupees:]

ⁱⁱⁱ Subject to Applicability:

1. Every Listed Company and their Subsidiaries
2. Every Company having Paid-up Capital of Rs. 5 Crores & Above
3. Every Company having Turnover of Rs. 100 Crores & Above

^iv Annual Return basically contains principal business activities, particulars of its associate, subsidiary, holding companies, shareholding pattern, details of share capital, meeting of members, board, committee meetings (if any), remuneration of directors as on the closure of financial years i.e., 31^st March.

^vAnnexure A Fee for filing (in case of company having share capital)

Nominal Share Capital	Fee applicable
Less than 1,00,000	Rupees 200
1,00,000 to 4,99,999	Rupees 300
5,00,000 to 24,99,999	Rupees 400
25,00,000 to 99,99,999	Rupees 500
1,00,00,000 or more	Rupees 600

Fee for filing (in case of company not having share capital) is Rupees 200

Additional fee:

Following table of additional fees shall be applicable for delays in filing of annual returns or balance sheet/financial statement under the Companies Act, 1956 or the Companies Act, 2013 beyond 30/06/2018.

Period of delay	Additional fee payable (in Rs.)
Delay beyond period provided under Section 92(4) of the Act	100 per day
Delay beyond period provided under Section 137(1) of the Act	100 per day

Disclaimer: This article provides general information existing at the time of preparation and we take no responsibility to update it with the subsequent changes in the law. The article is intended as a news update and Affluence Advisory neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this article. It is recommended that professional advice be taken based on specific facts and circumstances. This article does not substitute the need to refer to the original pronouncement

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