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Every form of the company be it private limited company, one person company, limited liability partnership are mandatorily required to file various forms, returns and documents with the Registrar of Companies (ROC) in an electronic mode within the prescribed due dates along with the prescribed fees. Companies and LLPs have to Comply with ROC by filing the various return, forms and documents and these could be categorized into two heads.
Annual compliance Filing: These are those compliances which are required to be made once in a year by all the companies and LLPs.
Event-Based Compliance Filing: These are those compliances which are required to be made from time to time.
Due dates for ROC’s Annual Filing
Penalty for non- compliance
The Penalty for the company:
If a company and its directors fail to file the annual return, they are liable for penalty. A fine of Rs. 1,000 per day is levied which can be maximum up to Rs. 10,00,000
Further, the continuous failure of three years may lead to consequences of the addition of company's name into default list by ROC. Also, leading to striking off the name of the company from Register of Companies can be caused at the discretion of Registrar.
Penalties for the directors:
Every office in default i.e. responsible for the compliances (directors) are fined with fine not less than Rs 50,000 but which may extend to the amount of Rs 500,000; or imprisonment for a term which may extend to six months; or both.
In addition to penalties, continuous non-compliance for three years disqualifies the directors of the company to be appointed as the director in another company for a period of five years from the date on which the failure of annual compliance persists.
Hey there, I'm Dushyant Sharma. With the extensive knowledge I've gained in past 8 years, I have been creating content on various subjects such as banking, insurance, telecom, and all the important registration and licensing processes for various companies. I'm here to help everyone with my expertise in these areas through my articles.
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