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Relaxation in filing of e-forms AOC-4, AOC-4 (CFS), AOC-4 XBRL & Non-XBRL

General Circular No. 04/2021- Relaxation in levy of additional fees in the filing of e-forms AOC-4, AOC-4 (CFS), AOC-4 XBRL and Non-XBRL for the year ended 31.03.2021.

With the approval of the component authority, the government has passed a general circular by upholding the view of various stakeholders regarding relaxation on levy of additional fees for annual financials system required to be done for FY ended on 31.03.2021. , it has been decided that no additional fee shall be levied up to 15.02.2021. for the filing of e-forms AOC-4, AOC-4 (CFS), AOC-4 XBRL and Non-XBRL. During the period only a normal fee shall be payable for filing.

About AOC-4 Filing

The financial statements of a company must be filed with the Ministry of Corporate Affairs every year. The MCA form for filing financial statements is AOC-4. Hence, Form AOC-4 is submitted with the MCA for each Financial Year within 30 days of a company’s annual general meeting. Along with the AOC-4 form, the documents such as the Board’s report, Auditors’ report, Statement of subsidiaries in Form AOC-1, details of CSR policy etc. are filed. AOC-4 must be certified by a practising Chartered Accountant or Company Secretary. In this article, we look at the procedure for filing AOC-4 in detail.

Documents to Be Filed in AOC-4

Financial Statements of a company includes Balance Sheet, Profit and Loss Account, Cash Flow statement (if applicable), statement of change in equity (if applicable) and any explanatory notes annexed to the financial statements. Financial statements along with Board Report must be filed for all companies registered in India (Private Limited Company, One Person Company, Limited Company, Section 8 Company, etc.,) to provide the Shareholders, Government, Stakeholders and the Public a broad financial picture of the affairs of the company during a financial year.

The following is the complete list of documents that must be filed with AOC-4:

  1. Copy of financial statements duly authenticated as per section 134 (including Board’s report, auditors’ report and other documents)
  2. Statement of subsidiaries as per section 129 – Form AOC-1
  3. Statement of the fact and reasons for not adopting Financial statements in the annual general meeting (AGM)
  4. Statement of the fact and reasons for not holding the AGM
  5. Approval letter of extension of financial year or AGM
  6. Supplementary or test audit report under section 143
  7. Company CSR policy as per sub-section (4) of section 135
  8. Details of other entity(s)
  9. Details of salient features and justification for entering into contracts/Arrangements/transactions with related parties as per Sub-section (1) of section 188 – Form AOC-2
  10. Details of comments of CAG of India
  11. Secretarial Audit Report
  12. Directors’ report as per sub-section (3) of section 134
  13. Details of remaining CSR activities
  14. Optional attachment(s), if any

Filing of Form AOC-4

Financial Statements of a company are required to be filed with the Registrar along with Form AOC-4 every year for each Financial Year. All the attachments including financial statements uploaded with Form AOC-4 must be signed as per the requirement of the Companies Act 2013. SD copies are not acceptable in the case of AOC-4, hand-signed copies are only accepted.

In the case of the companies covered under XBRL requirement under the Companies (Filing of documents & Forms in Extensible Business Reporting Language) Rules, 2015, the financial statements must be uploaded on the MCA portal in XBRL format. The following class of companies are required to file their financial statements and other documents in e-Form AOC-4 XBRL on or after 1st April 2014:

  • All companies listed with any Stock Exchange(s) in India & their Indian subsidiaries
  • All companies having paid-up capital of rupees five crores or above
  • All companies having turnover of rupees hundred crores or above
  • All companies which were hitherto covered under the Companies (Filing of Documents & Forms in Extensible Business Reporting Language) Rules, 2011.