ANNUAL RETURN OF COMPANY/LLP
An Annual Return is certain company information as they stood on the close of the financial year. It is perhaps the most important document required to be filed by every company with the Registrar of Companies. Apart from the Financial Statements, this is the only document to be compulsorily filed with the Registrar every year irrespective of any events / happenings in the company.
Every company is required to file the annual accounts and annual return as per The Companies Act, 2013 within 30 days and 60 days respectively from the conclusion of the Annual General Meeting.
All companies (private limited company, one person company, limited company, section 8 company, etc) are required to file an annual return with the ROC every year.
It is mandatory to file the ROC forms, returns and documents with the Registrar of Companies (ROC). It will help the Registrar of Companies and Government will understand how the company is working during the financial year in accordance with the Companies Act, 2013.
SIGNING OF EXTRACTS OF ANNUAL RETURN
The extract of the Annual Return, which shall be the part of the Board’s Report shall be signed by the Chairperson of the company, if he is authorised by the Board to do so, or where he is not so authorised, by atleast two directors, one of whom shall be amanaging director, or by the director where there is one director (Section 134(6))
SIGNING OF ANNUAL RETURN
Annual Return shall be signed by a director and the Company Secretary of the Company or in case of absence of the Company Secretary by a Company Secretary in Practice.
Provided that in the case of a small company or an OPC not having a company secretary, the annual return shall be signed by the director of the company
STATUTORY FEES
Statutory fee for filing is based on the authorized capital of the Company, date of the event and date of filing. Additional fee of Rs.100 is applicable in case the company files the Financial statements and Annual Return after thirty days and sixty days respectively from the date of annual general meeting.
PENALTY
If any company fails to file its annual return , before the expiry of the period specified therein, such company and its every officer who is in default shall be liable to a penalty of fifty thousand rupees and in case of continuing failure, with further penalty of one hundred rupees for each day during which such failure continues, subject to a maximum of five lakh rupees.
Documents required for Annual Filing-
(a) Auditor report along with financial statements
(b) Director report
(c) Notice of AGM
(d) List of Directors
(e) List of shareholders
In case of LLP
LLP is required to file LLP Form 8 (Statement of Account & Solvency) and LLP Form 11 (Annual Return) annually. The ‘Annual Return’ is required to be filed within 60 days of close of the financial year and ‘Statement of Accounts & Solvency’ shall be filed within 30 days from the end of six months of the financial year to which it relates. Every LLP has to maintain uniform financial year ending on 31st March of a year.