is a mandatory compliance requirement for all companies and Limited Liability Partnerships (LLPs) registered in India. It is governed by the Companies Act, 2013, for companies, and the Limited Liability Partnership Act, 2008, for LLPs. Annual Returns provide crucial information about the company’s or LLP’s financial performance, shareholding pattern, and other statutory details, and it allows stakeholders to assess the company’s overall health and status.
Form MGT-7: Companies are required to file their Annual Return in Form MGT-7 with the Registrar of Companies (RoC). Form MGT-7 contains details such as the company’s registered office address, details of directors and shareholders, share capital, indebtedness, and other financial information.
Filing Timeline: The Annual Return should be filed within 60 days from the date of the Annual General Meeting (AGM). If the AGM is not held, the Annual Return should be filed within 60 days from the date on which the AGM should have been held.
Certification and Signing: The Annual Return must be certified by a company secretary (in practice) or a chartered accountant and signed by a director or company secretary of the company.
Documents to be Attached: Companies may need to attach certain documents as annexures to the Annual Return, such as a copy of the Balance Sheet, Profit and Loss Account, and other financial statements.
Filing through e-form: Companies are required to file their Annual Returns through the Ministry of Corporate Affairs (MCA) portal using e-form MGT-7.
Form 11: LLPs are required to file their Annual Return in Form 11 with the Registrar of Companies. Form 11 contains information about the LLP’s partners, capital contribution, and other statutory details.
Filing Timeline: The Annual Return should be filed within 60 days from the closure of the financial year, i.e., by May 30th of each year.
Certification and Signing: The Annual Return should be certified by a designated partner of the LLP.
Documents to be Attached: LLPs may need to attach certain documents, such as the Statement of Account and Solvency (SAS), as annexures to the Annual Return.
Filing through LLP Form 11: LLPs are required to file their Annual Returns through the MCA portal using LLP Form 11.
Failure to file the Annual Return within the prescribed timeline can lead to penalties and fines. Additionally, the company or LLP may be marked as a defaulting entity, affecting its credibility and reputation.
Filing of Annual Returns is a critical compliance requirement for companies and LLPs in India. Adhering to the prescribed timelines and providing accurate and complete information is essential to ensure compliance and maintain the entity’s good standing with the RoC.