If you are about to start a company in India, you must get an incorporation certificate from the Register of companies (ROC). You can run the company and the process only if you possess the incorporation certificate. You must be aware of where you will download the ROC forms.
ROC gives you a set of forms for starting a company and annual financial statements of your company. It is better to have a detailed understanding of these ROC forms and their download. Let’s dive deeper into this article about ROC forms and ROC forms download.
The Register of Companies ( ROC ) functions under the Ministry of Corporate Affairs (MCA), which controls the administration of all companies and Limited Liability Partnerships (LLP) in India. The MCA regulates all the entities and LLPs under the Companies Act, 1956, and Companies Act, 2013. The ROC takes care of the registration of a company in India.
In India, every company requires incorporation approval from the ROC.
Once you apply for approval, the ROC will scrutinize your application and provide the incorporation certificate. This certificate is evidence that your company exists. Similarly, if you wind up, the ROC is the final authority to strike your company from the registry.
You should inform the ROC of every resolution you make in your company under Section 117 of the Companies Act 2013. You must intimate this within 30 days from the date of passing the resolution. You must convey every piece of information happening in your company to the ROC.
Let us know more about ROC forms and ROC forms download.
What Is the ROC Form?
The ROC is the Register of Companies. This entity is responsible for registering your company and its functioning. You must file your annual financial statements, audit reports, and returns with the ROC. The forms you use for these are known as ROC forms. The ROC issues you a list of forms, which you must fill out and file to show the financial status of your company. You can download these forms online and file them.
ROC Forms List
You should file your audited financial statements and annual returns of your company with the ROC. Under sections 129 and 137 of the Companies Act 2013, every company should file audited financial statements with the ROC.
Similarly, under Section 92 of the Companies Act 2013, you should submit the annual returns to the ROC. You must file the above documents within 30 days and 60 days of your annual general meeting.
The list of ROC forms you should submit is,
- Form ADT-1 – This form is for appointing an Auditor.
- Form AOC-4 and Form AOC-4 CFS (Consolidated Financial Statements) – This form is for filing the Annual Accounts.
- Form MGT-7 – This form is for filing the Annual Return.
- Form CRA-4 – This form is for filing the Cost Audit Reports.
- Form MGT-14 – This form is for filing the resolution taken in the Board report and Annual Accounts.
- MSME Form 1 – It is for a half-yearly return with the registrar, for the outstanding payments to micro and small enterprises.
These are the several ROC forms listed by the Register of Companies.
You can download these forms from the official website of ROC and fill them out. Don’t forget to fill out and file the required forms for the smooth running of your company. But why do you need a ROC filing for your company? Come, let’s try to figure it out.
Why Is ROC Filing Needed?
You must file the ROC forms of your company to the Register of Companies. What are the benefits of ROC filing? Filing ROC, of course, has many benefits like,
Explicit the Financial Position of Your Company
- Your annual returns comprise of entire accounts of your company for the year.
- Filing ROC helps to analyze the financial status of your company (if it is in loss or profit).
Proof of the Existence of the Company
- If you file regularly with the ROC, it provides proof that your company exists.
- The government will update its record of your company’s existence based on your ROC filings.
- If you fail to file your annual filings for a long time, your company is considered fake. And, the ROC can strike off the name of your company.
Protection Against a Penalty
- You may incur a penalty if you fail to file annual filings. Hence, timely filings will protect your company from the same.
- Appropriate annual compliance will protect your company from any legal complications.
These are some of the ample reasons why ROC filing is needed. It benefits you in many ways and protects your company from unavoidable situations. It is also an easy process, as you can download ROC forms online. Now that you understand the benefits of ROC filing, let us get a clear idea on who must certify these ROC forms?
Who Can Certify ROC Forms?
You are required to file ROC forms for your company. But do you know the process of filing? Who must certify your ROC forms? Let’s find an answer to this.
One or two directors of the company should digitally sign the ROC forms. However, a Chartered Accountant/ Cost Accountant/ Company Secretary should digitally sign certain ROC forms. Further, you must submit all the forms online.
The submitted ROC forms will be analyzed and scrutinized by the board of members in the Register of Company office under the Ministry of Corporate Affairs (MCA).
So, you know about ROC forms and who must certify them. Now, let’s have a look at AOC 4, one of the ROC forms.
What Is ROC Form AOC 4?
AOC 4 is one of the ROC forms. It is for filing the annual accounts. You must use Form AOC 4 to file the financial statements for each financial year with the Registrar of Companies (ROC). If you wish to submit consolidated financial statements, you shall file the AOC 4 CFS.
AOC 4 filing is important as it includes all your financial statements. It helps the Register of Companies to know the financial status of your company. These financial statements are also useful to all stakeholders, investors, and financial institutions, as they provide the actual position of your company and help them make informed decisions.
To file Form AOC 4, the Director/Manager/Secretary/CEO/CFO of your company must provide a declaration certifying that all information in the form is true, correct and is in compliance with the law. You must also digitally sign the form.
FAQ: ROC Forms Download
What is the meaning of the ROC form?
ROC is the Register of Companies under the Ministry of Corporate Affairs in India. If you own a company or are about to start one, you must get an incorporation certificate from the ROC.
It provides you with a list of forms that have details about your company’s financial statements, returns, audit reports, changes in the organization, etc. You must file these forms annually with the ROC to prove your company’s existence.
What is form 8 in ROC?
Form 8 is also known as a Statement of Account & Solvency. In Form 8, you must provide details of financial transactions during the financial year and your position at the end of the financial year. In addition to the financial position, you must also declare the turnover.
How many forms are there in ROC?
There are six forms that you must file with ROC. These are the basic forms, and they include sub-forms as well.
Bottomline
As you see from the above article, you must file ROC forms with the Register of Companies to prove your company’s existence. Also, if you are about to start a company, you must get an incorporation certificate from the ROC before you start.
There is a list of ROC forms you can download online from the official website of the Register of Companies. You must file them annually for the smooth running of your company. You may also provide a penalty if you fail to file these ROC forms.
Hence, it is important to file ROC forms on time. Still, are you having doubts regarding ROC forms and their filing and download? Our experts at Instafiling will guide you through the entire procedure and clarify any doubts you may have. Feel free to contact us.
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