When is Form AOC-4 filed?
Form AOC-4 is the filing of a company’s financial statements with the Registrar. It is due within 30 days of the annual general meeting. A one person company files it within 180 days of the financial year end.
When do the 30 days run?
The 30 days run from the meeting at which the statements are adopted. A meeting on 30 September makes the thirtieth day 30 October. There is no fixed 29 October. The statements include the balance sheet, the statement of profit and loss, the cash-flow statement where the law requires it, the notes, the board’s report, and the auditor’s report. A company that must prepare consolidated statements also files AOC-4 CFS. The meeting itself is on the annual compliances page.
What does a one person company file?
A one person company does not hold an annual general meeting. It files the financial statements, adopted by its member, within 180 days from the close of the financial year. Those dates are on the OPC annual compliance page. If a company that does hold a meeting does not adopt the statements, it files the unadopted statements within 30 days of the meeting. The Registrar treats them as provisional until the adopted statements are filed within 30 days of the adjourned meeting.
Who files in XBRL?
AOC-4 XBRL is the form for a listed company and its Indian subsidiary, a company whose paid-up capital is ₹5 crore or more, a company whose turnover is ₹100 crore or more, and a company required to prepare its statements under the Indian Accounting Standards. Other companies use AOC-4. A non-banking financial company uses AOC-4 NBFC, which is noted on the NBFC page. The form is signed with the director’s digital signature. A practising chartered accountant, company secretary, or cost accountant certifies that the attachments have been verified. CSR figures are entered only where section 135 applies to the company.
What if it is late?
The filing carries the government fee, and a delay draws an additional fee. Section 137(3) adds a penalty. The company pays ₹10,000, and ₹100 for each day the failure continues, subject to a maximum of ₹2 lakh. The managing director and the chief financial officer, or the director charged with the duty, or otherwise every director, each pay ₹10,000 and ₹100 for each day after the first, subject to a maximum of ₹50,000. A small company and a one person company bear half of that penalty, as section 446B provides. The auditor’s appointment is a separate form, on the ADT-1 page.
Frequently asked questions
Four questions cover 29 October, a one person company, unadopted accounts, and XBRL.
Is AOC-4 due on a fixed 29 October?
No. It is due 30 days after the annual general meeting. A meeting on 30 September makes the thirtieth day 30 October.
Does a one person company use the 30-day count?
No. A one person company does not hold an annual general meeting. It files the adopted financial statements within 180 days of the year end.
What if the meeting does not adopt the accounts?
The unadopted statements are filed within 30 days of the meeting, and the Registrar treats them as provisional until the adopted statements are filed within 30 days of the adjourned meeting.
Does every company file the XBRL form?
No. XBRL applies to a listed company and its Indian subsidiary, a company with paid-up capital of ₹5 crore or more, a company with turnover of ₹100 crore or more, and a company that prepares Ind AS statements.
Sources
Filing of financial statements is section 137 of the Companies Act, 2013. The form is AOC-4. A company that must consolidate also files AOC-4 CFS. The penalty for missing the section is section 137(3).