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Company

devang (CA FINAL article ) (181 Points)

20 March 2012

hello,

i have query about private company return. there is only one trascation in f.y 10-11. which is incorporation with paid up capital. no ther transcation.

how should i file annual return of com. f.y. 2010-11 ?

is auditor report & director report compulsory & also AGM?

how i do this ?

please guide me , this task i have faced first time

thanks in adv. for guide.

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2 Replies

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 20 March 2012

Friend if you have no idea about ROC annual filing, then as per my advice you should take help of a professional CA or CS firm.

Yes auditor report and director report compulsory for ROC filing & also you have to conduct AGM of your company as desired by section 166.

Also read section 159, 161, 210, 218, 219, 220 in this regard.

Regards

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Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 20 March 2012

Overview

As a part of Annual eFiling, Companies incorporated under the Companies Act, 1956 are required to efile the following documents with the Registrar of Companies (RoC):

Sr. No.	Document	e-Form
1	Balance-Sheet	Form 23AC to be filed by all Companies*
2	Profit & Loss Account	Form 23ACA to be filed by all Companies
3	Annual Return	Form 20B to be filed by Companies having share capital
4	Annual Return	Form 21A to be filed by companies without share capital
5	Compliance Certificate	Form 66 to be filed by Companies having paid up capital of Rs.10 lakh to Rs. 5 crore

* If the file size of Form 23AC exceeds 2.5MB, please use Additional Attachment Sheet . Please follow the step-by-step process as given below, for uploading the Additional Attachment Sheet.

Step by Step Process for Additional Attachments to form 23AC :

If the size of Form 23AC exceeds 2.5 MB, remove some attachments or split and attach only a small part of the attachment to limit the Form size to 2.5 MB.

You can upload the remaining/ other parts of attachments separately using ‘Additional Attachment Sheet’ as below.

Download the ‘Additional Attachment Sheet’ from ‘Annual Filing Corner’ link on the homepage of MCA portal.

Enter the CIN and click ‘Pre-fill’ button to automatically fill the name and address of the Company in the eForm.

Fill the date of relevant Balance Sheet.

Select the type of document from the dropdown list and click ‘Attach’ button to ‘browse and select’ the file to be attached. You have the option to attach maximum 5 documents.

Fill the signatory details i.e. Designation and DIN/ Membership No.

Affix the Digital Signature Certificate of the signatory

Click ‘Verify’ button. In case of any error, rectify the same and repeat this step.

Close the Form and save it again on prompting by the system. Please ensure that size of ‘Additional Attachment Sheet’ does not exceed 2.5 MB.

If you wish to attach more attachments, please download a fresh Form and repeat the above steps. You have the option to upload maximum two ‘Additional Attachment Sheet’ against one Form 23AC.

After uploading of Form 23AC on MCA portal, system will prompt for following options:
1. File Form 23ACA
2. File additional attachments to Form 23AC

Select the second option and upload saved ‘Additional Attachment Sheet’.

After uploading of one ‘Additional Attachment Sheet’, system will again prompt for making a selection. If you have the second ‘Additional Attachment Sheet’ for uploading, select the second option again and upload the same. Otherwise select the first option and upload Form 23ACA to complete the filing and proceed to ‘payment option’ screen.

If you have uploaded two ‘Additional Attachment Sheets’ system will prompt you to file Form 23ACA to complete the filing and proceed to ‘payment option’ screen.

Important Points to Remember

Balance Sheet and Profit & Loss Accounts are to be filed as two separate documents with different e-Forms;

Each e-Form along with the relevant attachment(s) should be less than 2.5 MB.

The Balance Sheet, Profit & Loss Account and Annual Return are filed as attachments to the respective e-Forms. A scanned copy considerably increases the size of the document besides being more expensive. You are therefore, advised to convert the Text file/ Excel sheets by using the PDF converter software (PDF conversion facility is also available on the MCA portal for business users) and upload these attachments as PDF documents.

The MCA database in respect of Authorised Capital and Paid-up Capital needs to be verified by the respective Companies, as it may not be correct. The Companies are requested to apply for correction of Master Data, should they find any discrepancies. In the meantime, the Companies can declare the correct amount of Authorised Capital and Paid-up Capital in the respective annual filing Forms.

How to do the Filing

Companies can do e-Filing in three different ways:

The Company representative can upload the e-Forms on the MCA portal through the ‘Annual Filing Corner’ link (after registering oneself as a user of the portal) at his convenience from his office/ home. This is the most convenient way of e-Filing.

The Company representative can prepare the e-Forms as per guidelines, get them digitally signed by the authorized signatory, copy them in a CD or a pen drive and visit the nearest “Registrar’s Front Office” (RFO). RFO staff will assist in uploading of eForms on MCA portal. For addresses/ phone numbers of RFOs, please refer to the “Facilitation Centre” link on the homepage of MCA portal.

The Company representative can also contact any of the Certified Filing Centers (CFCs) for the Annual Filing of e-Forms by paying the service charges to the CFCs. The details about the CFCs are available under the ‘Certified Filing Centre’ tab on the homepage of MCA Portal.