1. What is ROC Filing?
ROC Filing refers to the mandatory submission of financial statements, annual returns, and other statutory documents to the Registrar of Companies (ROC), as governed by the Companies Act, 2013.
The ROC operates under the Ministry of Corporate Affairs (MCA) and ensures that companies and LLPs comply with the law.
2. Who is Required to File with ROC?
- All companies registered under Companies Act, 2013 or 1956, including:
- Private Limited Companies (Pvt Ltd)
- Public Limited Companies (Ltd)
- One Person Company (OPC)
- Section 8 Companies
- All LLPs (Limited Liability Partnerships) under LLP Act, 2008
Even if the company is not operational or has no turnover, ROC filings are mandatory until the company is formally closed.
3. Key ROC Forms & Their Purpose
| Form | Description | Applicable To | Due Date |
|---|---|---|---|
| AOC-4 | Filing of financial statements (Balance Sheet, P&L, etc.) | All Companies | Within 30 days of AGM |
| MGT-7 | Annual Return (Shareholding, directors, etc.) | All Companies | Within 60 days of AGM |
| MGT-7A | Annual Return for OPC and Small Companies | OPC & Small Cos | Within 60 days of AGM |
| ADT-1 | Auditor appointment (first year or reappointment) | All Companies | Within 15 days of AGM |
| DIR-3 KYC / Web KYC | Director KYC verification | All DIN holders | 30th September each year |
| Form 8 | Statement of Accounts and Solvency | LLPs | 30th October |
| Form 11 | Annual return of LLP | LLPs | 30th May |
4. Importance of ROC Filing
- Legal Compliance: Mandatory under Companies Act; avoids legal complications
- Maintains Active Status: Keeps company/LLP in good standing with MCA
- Transparency: Financial and management disclosures improve trust with banks, investors
- Access to Loans & Tenders: Banks, funding agencies, and government require latest filings
- Avoids Penalties: Non-compliance leads to heavy fines and disqualification of directors
- Enables Closure: Filing up to date is necessary to initiate company closure or strike-off
5. Penalties for Late / Non-Filing
🔹 For Companies
- Penalty for AOC-4/MGT-7: ₹100 per day per form (no upper limit)
- Additional penalties may be imposed on:
- Company: up to ₹1 lakh + ₹500/day
- Directors: up to ₹1 lakh + ₹500/day
🔹 For LLPs
- ₹100 per day per form (no cap) for late filing of Form 8 or Form 11
- LLP may also be marked as “Defaulting” or “Non-Compliant” on MCA
🔹 For Directors
- Failure to file DIR-3 KYC leads to:
- Deactivation of DIN
- Penalty of ₹5,000 to reactivate
- Disqualification if default continues for 3 consecutive years
6. Consequences of Non-Compliance
- DIN deactivation / disqualification of directors
- Inability to file other forms (AOC-4, MGT-7, etc.)
- MCA can initiate strike-off proceedings under Sec 248
- Impact on loan approvals, investor confidence, and government registrations
- Legal prosecution and restriction from forming new companies
7. Best Practices
- Maintain proper books of accounts and records
- Close books and complete audits by 30 September
- Schedule AGM and finalize filings on time
- File ROC forms in sequence (e.g., ADT-1 → AOC-4 → MGT-7)
- File DIR-3 KYC for all directors every year
⚠️ Disclaimer
The above information is provided for general awareness and informational purposes only. While we strive to keep the content accurate and up to date, we do not guarantee the completeness, accuracy, or reliability of any information provided herein. The content should not be construed as legal, tax, or professional advice. We recommend consulting with our customer service team for the most recent and applicable guidance. We shall not be held responsible for any loss or liability arising from the use of this information.
