Saturday, 1 October 2011

Filing of Returns with office of Registrar of Companies (ROC)


Filing of Returns with office of Registrar of Companies (ROC)
Compliance mechanism under Companies Act mandates a company to file documents and Returns to office of Registrar of Companies (ROC) from time to time. Compliance related filing of returns / documents with the office of Registrar of Companies can be broadly classified in two categories;
1.       Annual Statutory Compliances
a.       Annual Accounts.
Every company has to prepare financial accounts consisting of Balance Sheet and Profit and Loss account on a yearly basis duly audited by a Chartered Accountant and the same has to be placed before the Annual General Meeting (AGM) of the company. Copy of the Annual Accounts has to be filed with the Registrar of Companies within 30 days from AGM.
b.      Annual Return.
Every year a company shall file a return with the Registrar of Companies within 60 days of AGM containing the particulars such as address of registered office, register of its members, register of its debenture holders, shares and debentures, indebtedness, members and debenture holders, past and present, and directors, managing directors, past and present.
c.       Secretarial Compliance Certificate.
In case of companies having paid-up share capital of Rs.10 Lakhs to Rs.5 Crore shall file the Secretarial Compliance Certificate with the Registrar of Companies within 30 days from AGM.
2.       Event Based Compliances
The following are few major events that require a filing of a return / document with the Registrar of Companies.
a.       Allotment of Shares
b.      Increase Authorised Capital
c.       Change of Company Name
d.      Creation / Modification / Satisfaction of Charges
e.      Change in Registered Office of the company
f.        Filing of certain Resolutions Passed by the Board / General Meetings and Agreements entered by the company
g.       Appointment of Directors / Managing Director and changes among them.
h.      Conversion of Private Company to Public and vice versa

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