Annual Return (Section 92)
What is Annual Return?
Annual Return setting out the registered details of the company like name, registered office, address, business activities, details of directors, details of members, meetings of members, remuneration of directors or KMP, or all other stakeholders of the company.
Who needs to file?
Every Listed Company or by a company having paid up capital of INR 10 crore or more or turnover of INR 50 crore or more has to file annual return in e-form MGT-7 to the Registrar which shall be certified by the Practicing Professionals who are CS.
Reasons for filing?
To inform the ROC and to public at large about the stakeholders and all activities of the company.
The Due date for filing?
- If AGM has been held, within 60 days from the date of the AGM.
- If AGM has not been held in any year, then within 60 days from the date on which the AGM should have been held.
What are the consequences?
| S. No | Particular | Fine |
| 1. | The Company shall be liable | Minimum: Indian Rupees Fifty thousand Maximum: Indian Rupees Five Lakh |
| 2. | Directors of the company shall be liable | Minimum: Indian Rupees Fifty thousand Maximum: Indian Rupees Five Lakh or Imprisonment for a term which may extend to six months |
| 3. | Additional filing fees for MGT-7 Period of delay: More than 180 days and up to 270 days | 12 times of normal filing fees |
Note-
The Companies (Registration Offices and Fees) Second Amendment Rules 2018 has been notified dated 7th May 2018. Accordingly, in case the due date of filings under Section 92 (Annual Return) of the Companies Act, 2013 expires after 30/06/2018, the additional fee at the rate of INR 100 per day shall become payable in respect of MGT-7 w.e.f July 1, 2018.