Form AOC-4 is one of the annual filing form used to file the financial statements of the company with the Registrar of companies. This article discusses Form AOC-4 in detail.
What is Form AOC-4
For the purpose of section 137 of the companies act 2013 and sub-rule (1) of Rule 12 of Companies (Accounts) Rules, 2014, form AOC -4 shall be used for filing financial statements along with all other required documents with the registrar.
What are the Documents to be accompanied with Form AOC-4?
Following are the Documents required to be accompanied with Form AOC-4 in addition to the Financial statements
- Copies of financial statements
- Board’s report
- Auditors’ report
- Form AOC-1 (Statement of subsidiaries as per section 129)
- Statement of the fact and reasons for not adopting Financial statements in the annual general meeting (AGM).
- Statement of reasons and facts, in case of not holding the AGM.
- Letter of approval of the extension of financial year or AGM
- Company CSR policy as per sub-section (4) of section 135
- Details of other entity(s)
- Form AOC-2 (Details of salient features and justification for entering into contracts or Arrangements or transactions with related parties as per section 188(1)).
- Details of comments of CAG of India
- Secretarial Audit Report
- Details of remaining CSR activities
- Optional attachment(s), if any.
Who is required to File Form AOC-4?
Form AOC-4 XBRL
As per Rule 3, following class of companies are required to file their financial statements and other required documents under section 137 of the Act, with the registrar in e-Form AOC-4 XBRL (XBRL means Extensible Business Reporting Language): –
- Every company which is listed with any of the Stock Exchange(s) in India & their Indian subsidiaries.
- Every company having paid-up capital of Rs.5 crore or more.
- Every company having a turnover of Rs.100 crore or more.
- Every Company which is until covered under the Companies (Filing of Documents & Forms in XBRL) Rules, 2011.
Form AOC-4 CFS
Companies that are required to prepare consolidated financial statements as per the provisions of sub-section (3) of section 129 of Companies Act, 2013 shall file their financial statements with the registrar in Form AOC-4 CFS.
All companies other than the companies required to file their financial statements in XBRL and CFS are required to file a single e-Form AOC-4 along with its financial statements and other documents as required under the Act.
Due Date to File Form AOC-4
As per the provisions of section 137(1) of the Companies Act, 2013, all Companies within the period of thirty days of completion of the company’s Annual General Meeting are required to file Form AOC-4 with the Registrar.
If the AGM has not held up to the due date i.e. till 30th September, the company would be required to file the AOC4 within 30 days from the due date of AGM i.e, on or before 30th October
In the case of One Person Company (OPC), they shall file their financial statements duly adopted by its members within a period of 180 days from the date of closure of the financial year.
As per the General Circular No.13/2019 dated 29.10.2019, the Due date for Filing Form AOC-4, AOC-4 XBRL, AOC-4 CFS has been extended up to 30.11.2019.
Certification of Form AOC-4
As per Companies (Registration Offices and Fees) Amendment Rules, 2014, e-Form AOC-4 filed by companies, other than OPC (one person companies) and small companies, under sub-rule (1) of rule 9, has to be certified by a practicing chartered accountant, cost accountant, company secretary in whole-time practice.
Fees for Filing Form AOC-4
|Nominal Share Capital||Applicable Fees|
|Share Capital < 1,00,000||Rs.200/-|
|1,00,000 to 4,99,999||Rs.300/-|
|5,00,000 to 24,99,999||Rs.400/-|
|25,00,000 to 99,99,999||Rs.500/-|
|> 1,00,00,000 Share capital||Rs.600/-|
In case of companies not having a share capital, fees applicable shall be Rs.200/- per document.
Applicable Fees on Late filing of Form AOC-4
|Sl.No||Period of Delay||Late Fees|
|1||Up to the period of 30 days||2 times of normal filing fees|
|2||30 days to 60 days||4 times of normal filing fees|
|3||60 days to 90 days||6 times of normal filing fees|
|4||90 days to 180 days||10 times of normal filing fees|
|5||180 days to 270 days||12 times of normal filing fees|
Penalty for Non-Filing
In case of failure to file Form AOC-4 along with a copy of the financial statements before the due date, the company will be punishable with fine of Rs.1,000/- for each day during which the failure continues but the same shall not exceed Rs.10 lakhs.
Further, Every officer in default could be punished with imprisonment for a term which may extend to six months or with fine which may not be less than Rs.1 lakh but which may extend up to Rs.5 lakhs.