The filing of the AOC-4 form is mandatory within 30 days of the conclusion of the annual general meeting, wherein the company submits its financial statements to the ROC along with the Director Report. Setindiabiz helps in filing the AOC-4 Form.
The financial statement is the most important document from the perspective of compliance of any company that reflects the true and fair financial statement of the company. The audited financial statement is relied upon by the stakeholders of the company. As all other operations are documented by the companies, the financial operations are also documented in financial statements. So, the financial statements are the most vital part of the annual report of a registered company. An official record that formally documents the financial position and financial operations of the company is known as the financial statement. These financial statements filed under the AOC-4 Form give a broad picture of the company’s financial affairs during a financial year.
In India, each and every registered company under the Companies Act 2013 is required to submit e-Form AOC-4, which also carries the audited financial statement as an attachment for the official record of the financial trajectory of a company during a designated annual year. It is noteworthy that the AOC4 is filed after the conclusion of the Annual General Meeting (AGM).
Under Section 137(1) of the Companies Act 2013, every Indian incorporated company is required to file its financial statements that also include the consolidated financial statement, if applicable, in an AOC-4 Form with the Registrar of the company. The said financial statements are first presented in the AGM before the shareholders for their adoption, and once the financial statements are adopted in the AGM.
Simply put, the books of accounts need to be finalised, which will cause the preparation of the company’s financial statement as per Schedule III of the Companies Act, 2023, for the relevant financial year. The financial statement then has to be audited by the company’s statutory auditor. The auditor, a practising chartered accountant, then reviews the same and issues an Audit Report stating whether the same reflects the true and fair view of the financial position of the company or not. The audited financial statement is then presented to the shareholders along with the directors’ report for its adoption in the company’s Annual General Meeting (AGM). After the conclusion of the AGM, the form AOC-4 is filed with the ROC.
The adopted financial statements are filed in the prescribed AOC-4 form within 30 Days of the conclusion of the AGM. Section 403 of the Companies Act 2013 provides for the manner, fees, or additional fees associated with the AOC-4 form. Therefore, the due date for filing the AOC-4 form always depends on the date of the AGM; there is no fixed date; however, it is any date that falls on the 30th day after the AGM.
The last date of the filing of the AOC-4 form may differ between a newly incorporated company holding its first AGM and a company holding the subsequent AGM. The first AGM can be held within nine months of the close of the financial year, while the subsequent AGM is held within six months of the close of the financial year.
| No | Particulars | First AGM | Subsequent AGM |
|---|---|---|---|
| 1 | AGM Due Date | Within nine months (31st December or before) | Within six months (30th September or before) |
| 2 | AOC-4 Filing Due Date | Within 30 days of the AGM (Assuming AGM Data as 31st December, then the due date to file the AOC-4 form shall be 30th January of next year) | Within 30 days of the AGM (Assuming AGM Data as 30 September, then the due date to file the AOC-4 form shall be 30th October) |
The filing of AOC-4 is for the particular purpose of filing the audited financial statements of an eligible company to the ROC as required under section 137(1) of the Companies Act. Based on company type or reporting obligation, AOC-4 is of different types. The Following are different types of AOC-4 Forms that are filed in India before the ROC.
The Ministry of Corporate Affairs has prescribed a standard form, AOC-4, for filing the company's financial statements. The standard form applies to all cases except those involving XBRL, CFS, or NBFC.
The companies that are listed on the stock exchange or have paid up capital of INR 5 Crores (INR 50 Million) or if the turnover is more than 100 Crore (10 Million) are under a statutory obligation to file the AOC-4 in XBRL Format, also known as form AOC-4 XBRL, selecting Ind AS Taxonomy.
Companies required to file consolidated financial statements and other related documents are required to file Form AOC-4 CFS with the registrar of companies as per Section 129(3) of the Companies Act 2013.
This is an extended version of the AOC-4 Form for NBFCs, which allows the NBFCs to file the consolidated financial statements and all other accompanying documents following the Indian Accounting Standards (Ind AS) with the Registrar of Companies.
Form AOC-4 is a digital form where the company furnishes the financial information and attaches a scan of the prescribed documents. The company’s directors then digitally sign the e-form before filing it with the MCA. In the table below, we have summarised some of the required information and the list of documents that are filed as attachments.
| Information to be furnished | List of documents |
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The annual filing of the AOC-4 Form is a vital part of corporate compliance, also ensuring that the registered companies are filing their financial statements on an accurate time period. The subtlety associated with this Form AOC-4, the applicability and the penalties associated with it is very crucial for businesses to maintain transparency and other legal obligations. So, as the final deadline to file Form AOC-4 approaches it is highly mandated that the professionals of the company must stay vigilant and file the required forms within the prescribed time limits by the government.
The first step towards filing the AOC-4 is to prepare the necessary information and draft documents that need the directors’ signatures. Preparation begins immediately after the company’s statutory audit is completed. Following is the list of documents that need to be prepared or arranged for the purpose of filing Form AOC-4.
The filing fee for Form AOC-4 is based on the authorised capital of the company. The ROC Fee is payable after the form is filed and SRN is generated. The same can be paid online; the mca portal accepts all modes of online payment.
| No | Authorised Capital | ROC Fee Payable |
|---|---|---|
| 1 | A company having no share capital | Rs. 200/- |
| 2. | Less than Rs. 1,00,000/- | Rs. 200/- |
| 3. | Rs. 1,00,000/- to 4,99,999/- | Rs. 300/- |
| 4. | Rs. 5,00,000/- to 24,99,999/- | Rs. 400/- |
| 5. | Rs. 25,00,000/- to 99,99,999/- | Rs. 500/- |
| 6. | 100,00,000 or More | Rs. 600/- |
Late Filing of AOC-4: Companies should endeavour to file Form AOC-4 within its due date. However, if you miss filing Form AOC-4 within its due date, an additional fee of Rs 100 per day for every day of delay will be charged.
Non-filing of the AOC-4 form is a severe non-compliance and is punishable under the Companies Act, 2013, wherein the Company and the key managerial personnel (KMP), are penalised. Following is the table of penalties that may be imposed for the non-filing of Form AOC-4
| No | Defaulting Party | Penalty |
|---|---|---|
| 1 | Company | Fixed Penalty of ₹10,000 Plus (+) ₹100 for each day of default up to a maximum of ₹2 lakhs |
| 2. | Managing Director/Chief Financial Officer (CFO) | Fixed penalty of ₹10,000 Plus (+) ₹100 for each day of default, up to a maximum of ₹50,000 |
| 3. | Other directors who is responsible for compliance in the absence of the MD/CFO | Base penalty of ₹10,000 Plus (+) ₹100 for each day of default, up to a maximum of ₹50,000 |
| 4. | All directors (in the absence of a specifically assigned director) | Base penalty of ₹10,000 Plus (+) ₹100 for each day of default, up to a maximum of ₹50,000 |
The Ministry of Corporate Affairs (MCA) views the non-filing of the company’s financial statements as an attachment in the prescribed Form AOC-4; therefore, the company must follow the regulatory requirements by the due date.
