How to Handle ROC Filing Delays and Penalties (With Due Dates)
📌 Missed an ROC Filing Deadline? Here’s What You Need to Do!
Failing to meet ROC filing deadlines can lead to hefty penalties, compliance issues, or even legal troubles. But don’t worry—here’s a comprehensive guide to help you manage delays effectively and avoid further complications.
Key ROC Filings, Due Dates & Penalties
1️⃣ Annual Return (MGT-7):
- Due Date: Within 60 days of the Annual General Meeting (AGM).
- Penalty for Delay: ₹100 per day of default.
2️⃣ Financial Statements (AOC-4):
- Due Date: Within 30 days of the AGM.
- Penalty for Delay: ₹100 per day of default.
3️⃣ Director KYC (DIR-3 KYC):
- Due Date: 30th September each year.
- Penalty for Delay: ₹5,000 (fixed).
4️⃣ INC-22A (Active Company Tagging):
- Due Date: As per specified compliance periods.
- Penalty for Delay: ₹10,000 for non-filing.
5️⃣ DPT-3 (Deposit Return):
- Due Date: 30th June each year.
- Penalty for Delay: ₹100 per day of delay and additional fines.
6️⃣ MSME-1:
- Due Date: Semi-annually (30th April and 31st October).
- Penalty for Delay: Subject to ROC discretion.
Steps to Manage Filing Delays
🔍 1. Identify the Missed Filing:
Check which form(s) were missed and the delay period.
💰 2. Calculate the Penalty:
The penalty depends on the type of form and days delayed. Use the MCA portal to compute applicable fees.
📄 3. File Immediately:
Submit the pending forms via the MCA portal, attach required documents, and pay the penalty to avoid further escalation.
🛡️ 4. Respond to Legal Notices (If Any):
If the ROC has issued a notice, provide a timely response with supporting documents and proof of compliance.
⚖️ 5. Seek Professional Assistance:
Engage a CA, CS, or legal expert to review and ensure accurate filings.
Prevent Future Delays with These Tips
✔️ Maintain a Compliance Calendar: Track due dates for all mandatory filings.
✔️ Set Reminders: Use compliance tools to alert you before deadlines.
✔️ Regular Reviews: Schedule internal reviews to ensure all filings are up-to-date.
✔️ Stay Updated: Monitor MCA notifications for changes in deadlines or requirements.
🚨 Why Act Fast?
- Non-compliance risks legal notices, penalties, and striking off of your company from the ROC.
- Directors could face disqualification, and your company’s reputation could be at stake.
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