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Defective AOC-4 Notice

01 December 2023

I received a notice from MCA that said my 4 year old AOC-4 was defective and it needs to be filed afresh after fixing the mistakes. The email did not mention the actual mistakes but the MCA has marked the AOC-4 and all 3 attachments under it as defective. This has been placed in the company's public documents.

The 3 attachments are:-

1. Director's report - Scanning issue with parts cropped

2. Company Financials - Same scanning issue

3. Auditor's Report - No obvious issue. Not sure why this was marked as defective too.

The email also says if the form is not filed in 30 days legal proceedings will take place.

I have the proper scans for #1 and #2. What should be the next steps? What kind of fee, additional fee and fines am I looking at?

My company is an OPC. Also, my CA has changed this year. I don't know if that has any bearing.

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3 Replies

Yasaswi Gomes new (Finance ) (4487 Points)
Replied 06 March 2024

I understand the urgency and importance of addressing this situation. Let’s break down the steps you should take next:

Review the Defective Attachments:
- Carefully examine the attachments that were marked as defective: the Director’s Report, Company Financials, and the Auditor’s Report.
- Ensure that any scanning issues (such as cropping) are rectified in the proper scans.
Rectify the Mistakes:
- For the Director’s Report and Company Financials, ensure that the scanned documents are complete, legible, and accurately represent the required information.
- If there were any missing pages or cropped content, replace them with the correct versions.
- Verify that the Auditor’s Report is also complete and accurate.
Prepare Fresh AOC-4:
- Based on the corrected attachments, prepare a fresh AOC-4 form.
- Include the revised Director’s Report, Company Financials, and Auditor’s Report.
File the Fresh AOC-4:
- Submit the fresh AOC-4 form to the Ministry of Corporate Affairs (MCA) within the stipulated 30-day period.
- Ensure that all details are correctly filled in, and the attachments are error-free.
Fees and Penalties:
- The fees for filing the AOC-4 form depend on the company type (in your case, an OPC) and the authorized capital.
- As of now, the filing fee for an OPC with authorized capital up to Rs. 50 lakhs is Rs. 200.
- However, if the form is filed after the due date, additional fees will apply. The late filing fee is calculated based on the number of days delayed.
- The penalty for late filing can range from Rs. 100 per day to Rs. 200 per day, depending on the delay period.
- It’s crucial to file the fresh AOC-4 promptly to avoid further penalties.
Legal Proceedings:
- Take the email warning seriously. If the form is not filed within the specified time, legal proceedings may be initiated against the company.
- To prevent this, prioritize filing the corrected AOC-4 within the given timeframe.

Remember to consult with a professional chartered accountant or legal advisor to ensure compliance with all regulations and to handle any specific nuances related to your company’s situation. Best of luck in resolving this matter! 📜💼

Partho Sarathi (13 Points)
Replied 06 March 2024

Thanks for the detailed reply. I went to the ROC as time was running out without a clear path. There an officer looked up my record on his system. He then showed it to me that the filing is marked as valid and told me to ignore the notice.

I thanked the officer and sent an email from my end mentioning the details of the conversation.