Every form of the company be it private limited company, one person company, limited liability partnership are mandatorily required to file various forms, returns and documents with the Registrar of Companies (ROC) in an electronic mode within the prescribed due dates along with the prescribed fees. Companies and LLPs have to Comply with ROC by filing the various return, forms and documents and these could be categorized into two heads.
Annual compliance Filing These are those compliances which are required to be made once in a year by all the companies and LLPs.
Event-Based Compliance Filling These are those compliances which are required to be made from time to time.
Annual compliance requirements and their due dates
Penalty for non- compliance
The Penalty for the company:
Any company which fails to file the annual return is punishable by the fine not less than Rs 50,000 but which may extend to the amount of Rs 500,000.
Further, the continuous failure of three years may lead to consequences of the addition of company's name into default list by ROC. Also, leading to striking off the name of the company from Register of Companies can be caused at the discretion of Registrar.
Penalties for the directors
Every office in default i.e. responsible for the compliances (directors) are fined with fine not less than Rs 50,000 but which may extend to the amount of Rs 500,000; or imprisonment for a term which may extend to six months; or both.
In addition to penalties, continuous non-compliance for three years disqualifies the directors of the company to be to be appointed as the director in another company for a period of five years from the date on which the failure of annual compliance persists.