Filing the Annual Return is a crucial compliance for every One Person Company (OPC) in India under the Companies Act, 2013. It contains important information about the company's shareholders, directors, and other important company details as of the FY's end.
This article explains how you can identify, rectify, and correct errors in your OPC Annual Return after it has been filed.
What is an OPC Annual Return?
An Annual Return is a mandatory document that every OPC must file with the MCA every financial year within 60 days from the Annual General Meeting (AGM). It provides details of the company's details as:
- Shareholding pattern
- Details of directors and shareholders
- Changes during the year
- Registered office details
- The Annual Return for OPC is filed using Form MGT-7
Common Types of Errors in OPC Annual Return Filing
- Incorrect or incomplete shareholder details
- Wrong date of appointment or resignation of directors
- Mismatch in share capital or voting rights data
- Incorrect registered office address
- Errors in director identification numbers (DIN) or shareholder PAN details
Can You Correct Errors After Filing the OPC Annual Return?
Yes, errors in the OPC Annual Return can be corrected, but the process depends on the type of error and the stage of filing. If you detect errors before the annual return is approved by the Registrar of Companies (ROC), you can file a fresh annual return to replace the incorrect one.
If the annual return is already approved and taken on record by the ROC, you cannot simply revise the same return. Instead, you have to file a corrective or supplemental return or make necessary filings through other MCA forms.
Steps to Correct Errors in the OPC Annual Return After Filing
1. Identify the Error Clearly
First, pick the exact error(s) in the filed annual return. Review the filed document, MCA portal acknowledgements, and the company records carefully.
2. Check the Status of Annual Return Filing
- Log in to the MCA portal and check the status of your filed annual return.
- If it is still in 'pending for approval' status, you can withdraw and file a fresh return. If it is approved, you must follow the corrective procedure.
3. File an Annual Return Again (If Pending Approval)
- Withdraw the incorrect annual return by filing Form INC-20A (Application for Declaration of Commencement of Business) or contacting the ROC.
- Re-file the correct annual return with accurate details in Form MGT-7.
4. File a Correction Statement (Form MGT-7 Resubmission)
- MCA does not allow direct revision of MGT-7 after approval.
- However, for certain corrections, you may need to file Form MGT-7 again with corrected details, accompanied by a board resolution explaining the corrections.
- Contact ROC for approval or instructions.
5. File Other Relevant Forms for Specific Corrections
- Form DIR-12 for changes related to directors.
- Form INC-22 for change of registered office.
- Form SH-7 for changes in shareholding or capital structure.
6. File an Explanation Letter or Clarification (If Required)
- Sometimes, ROC may issue a notice or query.
- Respond promptly with an explanation letter or rectification statement.
7. Maintain Proper Records of Corrections
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Keep all correction documents, board resolutions, and correspondence with MCA/ROC safe for future reference.
Conclusion
Errors in the OPC Annual Return after filing are not uncommon but should be addressed promptly to keep the company's records accurate and compliant with MCA requirements. Understanding the process to correct these errors and following the right steps can save your OPC from penalties and legal issues.
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