Time limit for filing company’s annual return is the most important thing as failure in filing will attract huge penalty under Companies Act 2013. Through this write up, we will be discussing provisions related to time limit for filing of annual return with registrar of companies or ROC.
As per section 92 of Companies Act 2013, Companies are required to file a copy of the annual return within 60 days from the date on which the annual general meeting is held.
This means, if Annual General Meeting date is 30th September 2015 then last date of company’s annual return filing is 60 days from the date of 30th September 2015 i.e. 29th November 2015.
If annual general meeting or AGM has not been held in any year then annual return has to be filed within 60 days from the date on which the annual general meeting should have been held. In such cases, in addition to annual return, the company is also required to file a statement specifying the reasons for not holding the annual general meeting.
As per section 92(3) of Companies Act 2013, company is required to prepare an extract of the annual return in such form as may be prescribed and that shall form part of the Board’s report.
Such form for filing extracts of the annual return is prescribed in Companies (Management and Administration) Rules, 2014. As per rule 12 of Companies (Management and Administration) Rules, 2014, the extract of the annual return to be attached with the Board’s report shall be in Form MGT9.
This means, company’s annual return has to be prepared by all type of companies including private limited company, public limited company, small company and one person company in form MGT7. It should be filed with registrar of companies within 60 days from the date of AGM.
As discussed above where annual general meeting has not been held for a particular financial year, the annual return is required to be filed within 60 days from the date on which AGM should have been held.
