Roc payment is mandatory for registered but not yet started

Tax queries 549 views 2 replies

Raja

SSP

28 Points Joined December 2014

Dear Readers

We have Setup a Private Company in the year 14th April 2012.

But we have not actively started the company work nor opened the bank account.

At time of Incorporation of the Company the Authorised Capital we mentioned was Rs. 500000/-

Paid-up Capital was Rs. 100000/-

my question is do we need to pay ROC for the company incorporated

if soo what is the ROC fee we need to pay?

Please acknowledge the mail.

Regards

Naidu

Replies (2)

Yes, you have to file RoC returns for the year 2012-13, 2013-14 even though no operations have started. You will also have to get your accounts audited for this purpose. RoC filing after formation of company is 23AC/ACA & 23B. Also 20B in the second year appointing auditor. New act requires the directors to disclose their interest in other concerns MGT 14 You can verify fee for each form including fine at MCA website. Just input these form numbers

Prachi Dubey

Company Law & Direct Tax Consultant

25 Points Joined May 2012

Dear Naidu,

Since the company was incorporated in april 2012 hence according to provisions of Companies Act, 1956 (then in effect), the 1st AGM of the Company should have been held latest by 14th October, 2013 and the 2nd AGM by 30th September, 2014

Hence the company needs to upload the annual return and balance sheet in Form 20B, 23AC & 23ACA. Also the form for appointmnet of auditors in both AGM needs to filed.

The Companies Act 2013 now has made the maximum fee upto 12 times of normal filing fee.

Normal filing fee for a company having nominal capital 5lac is Rs. 300 per form.

Since there is a delay, hence you will have to pay penalty as well for f.y.12-13 making the fee to Rs. 3600 per form. For F.Y.13-14 the delay has already exceeded 60 days hence you have to pay 6 times of normal fee.

Herewith attching the fee table for your reference.

Hope this helps.