Please clarify the following issues regarding ROC compliances for a liasion office in India:
a) Whether final accounts for a financial year (ie April to March) or a calender year needs to be filed in ROC? The company follows financial year to prepare its accounts in India while the global accounts are based on calender year.
b) What will be the due date for filing of documents viz. annual accounts and annual return? As per my knowledge, form 52 needs to be filed. Whether form 52 will be treated as a single document for calculation of fees for filing annual accounts and form 52 itself or separate fees will be applied to both the documents?
c) The company has also changed its principal place of business from Delhi to Gurgoan in march 2007 and has not yet filed any intimation to ROC. Whether change in state is allowed or it needs any special prior approval? However, they intimated the same to RBI.
d) What are the annual / periodical compliances needed at RBI?
03 October 2009
A)As per Section 220 of Companies Act, every company shall filed annual accounts with ROC, which apporved in AGM of Company. If a comapany follows FY to prepares its Accounts in India than same should be filed with ROC. It in irrevelent that globla accounts are based on calender year. B)Section 220 further says that within 30 days of AGM annual accounts shall be file in from no. 23AC & 23ACA. As per Section 159 of Compnaies Act, the due date for Annual Return is 60 days from AGM in form no 20B. The filling fee will be applied to both documents sepratley. C) The principal place of business can be change but the registered office can not be change without change in AOA & MOA, which needs special resolution. D) As per my knowldege and company act,there are no any annual / periodicals compliance needed to RBI.