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Is it manadatory to file previous year roc returns

CA.Varalakshmi.M (Manager-Finance) (482 Points)

30 July 2012

Hi Friends,

We have recently aquired a company,we need to file ROC returns for the Financial year 2011-12.The company which we have aquired didnt file its returns for the f/y 2009-10 and 10-11.

I have been informed that with out filing previous year returns with ROC , we cant file current year..

Is it right?

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6 Replies

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17848 Points)
Replied 30 July 2012

Noting like that the Company may file annual forms for the current year with the sign of defaulting directors. However, it is required to file all such form of previous years as well. Otherwise the Company and the Directors shall continue to be defaulter and they could not sign any forms in any other company.

CA.Varalakshmi.M (Manager-Finance) (482 Points)
Replied 30 July 2012

@ Ankur Srivastava,

Directors of aquired company are no more directors in our company...

We have 100% shareholding of acquired company.we dont have any contacts with the previous directors.

So do we need to wait for the previous ROC returns to be filed with?

CS. DISHA SHAH (Properitor of D. M. SHAH & CO. COMPANY SECRETARY) (394 Points)
Replied 30 July 2012

You do currenty year's filling in time n upto try to contact old directors,,,coz u required to get sign of old didrectors on BS, P&L, AR,,, n if u hv that documents signed n ready jus forms r nt uploaded, then u r not required to contact them.

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17848 Points)
Replied 31 July 2012

You have recently acquired a company it means the Financial Statements of such Company must have been prepared because you must have acquired on the basis of financial statements.

You may file the balancesheet and annual return of earlier years with the Digital Signatures of New Directors as you are filing the forms for the financial year 2011-12