About:
AOC 4 is a form for filing the financial statement and other documents with the Registrar of Companies (ROC). It is the mean through which the Company or we can say Board of Directors of a company communicate and share the insights of companies to its Stakeholders. The essential means to communicate is through the Financial Statements, the Board’s report, and the Auditor’s report. It maintains transparency between the companies and their stakeholders. AOC 4 has to file within 30 days from the date of AGM (Annual General Meeting) and 180 days in the case of OPC (One Person Company).
Applicability:
As per Rule 3, the following class of companies requires to file their financial statements and other documents under section 137 of Companies Act 2013, with the Registrar in e-form AOC 4 XBRL (extensible Business Reporting Language) namely:
- All Companies Listed with Stock Exchange(s) in India and their Indian subsidiary companies.
- All Companies having a capital of rupees 5 crores or more.
- All Companies having a turnover of rupees 100 crores or more.
- All Companies covered under companies Rule, 2011.
However, companies in Insurance, Banking, Power Sector, Non-Banking Financial Companies, and Housing Finance Companies are exempted from XBRL filing.
Documents to be filed:
- Copy of financial statements duly authenticated (including Financial Statement, Board’s report and the Auditor’s report and other documents)
- Statement of subsidiaries– Form AOC-1
- Reasons for not taking Financial statements in the Annual General Meeting (AGM).
- Reasons for not holding the Annual General Meeting (AGM).
- Approval letter of extension of the financial year or Annual General Meeting (AGM).
- Supplementary or test audit report.
- Company CSR policy and CSR activity
- Reasons for entering into contracts/Arrangements/transactions with related parties Form AOC-2.
- Secretarial Audit Report.
- Directors’ report.
AOC 4 Segments:
Form AOC 4 is divided into 6 segments under the different segment different set of information is required and to be filled in the empty columns the segments are as follows:
Segment 1- Information and Particulars in respect of Balance sheet.
Segment 2- Information and Particulars in respect of Profit & Loss Account
Segment 3- Reporting of Corporate Social Responsibility
Segment 4- Disclosure about related party transactions
Segment 5- Auditor’s Report
Segment 6- Miscellaneous
Late fees on Form AOC 4:
If a Company delay in filing the annual return/ financial statements/Balance sheet the undermentioned fees is applicable:
Delay beyond the period given under the provisions of this Act, a sum of Rs.100 per day is levied.
If in case a Company delay in filing the belated annual return/ financial statements/Balance sheet the following fees is applicable:
- Up to 30 days- 2 times of nominal filing fees
- More than 30 days but up to 60 days- 4 times of nominal filing fees
- More than 60 days but up to 90 days- 6 times of nominal filing fees
- More than 90 days but up to 180 days- 10 times of nominal filing fee
- Beyond 180 days- 12 times of nominal filing fees
Penalty for non-filing AOC 4:
If the Company is the defaulting party then a sum of Rs. 1000 every day is levied up to a Maximum of Rs.10 Lakhs. And in case if the defaulting party is Managing Director/ Chief Financial Officer(CFO) or any other director assigned by the board then a sum of Rs. 1Lakh plus Rs. 100 for each day of default subject to a maximum of Rs.5 lakh.
