MGT 7 and AOC 4

In India, the MGT-7 (Annual Return) and AOC-4 (Financial Statements) forms are required to be filed by companies with the Ministry of Corporate Affairs (MCA) as part of the annual compliance requirements under the Companies Act, 2013. The certification of these forms can be done by a Chartered Accountant in practice or a Company Secretary in practice.

For a private company with an authorized share capital of 10 lakh and a turnover of less than 50 lakh, the requirement to appoint a full-time Company Secretary does not apply as per the Companies Act. In such cases, the certification of these forms can be done by a Chartered Accountant.

Therefore, in the scenario you described, either a Chartered Accountant or a Director of the private company could certify the MGT-7 and AOC-4 forms. It is advisable to consult with a professional to ensure compliance with the specific requirements based on the latest regulations and guidelines.

For a private company with authorized capital up to Rs 10 lakh and turnover below Rs 50 lakh, here is the exact certification requirement:

MGT-7 (Annual Return): Must be signed by a director and a CS (Company Secretary) if the company has an appointed CS. If no CS is appointed (which is allowed for companies with paid-up capital below Rs 10 crore), the form must be certified by a CA in practice.

AOC-4 (Financial Statements): Must be signed by at least 2 directors (or 1 if only 1 director exists) and the CFO/CEO/Company Secretary if applicable. The auditor also certifies the financial statements. A director can sign without a CA certifying the form itself, but the attached balance sheet and P&L require the statutory auditor report.

For a small Pvt Ltd below Rs 50L turnover:

1. The statutory auditor (CA in practice) certifies the financial statements
2. MGT-7 can be signed by a director if no CS is appointed, but many RoC jurisdictions now recommend CA certification as well
3. The company still needs a TAN, GST registration (if applicable), and must file DIR-3 KYC annually for each director

Annual due dates: AOC-4 within 30 days of AGM, MGT-7 within 60 days of AGM. For a Dec 31 year-end company, AGM must be held by Sept 30, making AOC-4 due Oct 30 and MGT-7 due Nov 30.

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