ROC (Registrar of Companies) returns filing in India refers to the submission of various statutory forms and financial statements by companies registered under the Companies Act. It is important for companies to comply with ROC filing requirements to maintain legal and regulatory compliance. Here is an overview of ROC returns filing in India:

Annual ROC Returns:

• Annual Return (Form MGT-7): Every company is required to file an annual return with the ROC within 60 days from the date of the Annual General Meeting (AGM). The annual return provides details of the company’s shareholders, directors, financials, and other relevant information.
• Financial Statements (Form AOC-4): Companies need to file their financial statements, including balance sheet, profit and loss statement, cash flow statement, and notes to accounts, with the ROC within 30 days from the date of the AGM.

Event-based ROC Returns:

• Event-based forms need to be filed with the ROC for specific events such as the appointment or resignation of directors, change in registered office address, increase or decrease in share capital, alteration of company’s memorandum or articles of association, etc.

• Examples of event-based forms include Form DIR-12, Form INC-22, Form SH-7, etc. The filing timelines for these forms vary depending on the specific event.

Digital Signature Certificate (DSC):

• ROC returns filing requires a digital signature certificate (DSC) of an authorized person. DSC ensures the authenticity and security of the documents being filed.

Filing Methods:

• ROC returns can be filed electronically through the MCA (Ministry of Corporate Affairs) portal. Companies need to register on the portal, obtain a valid user ID, and use the appropriate form to file the required returns.
• Companies also need to pay the requisite filing fees while submitting the returns.

Compliance and Penalties:

Non-compliance or late filing of ROC returns may attract penalties, fines, and legal consequences. It is important for companies to file returns within the prescribed timelines to maintain compliance with the Companies Act.

Maintenance of Registers and Records:

Companies are required to maintain various registers and records as per the provisions of the Companies Act. These include registers of members, directors, charges, minutes of meetings, etc. These records should be accurate, up-to-date, and readily available for inspection by the authorities.

Secretarial Compliance:

• ROC returns filing is a part of secretarial compliance, which ensures adherence to legal and regulatory requirements by companies.
• It is advisable for companies to engage qualified professionals, such as company secretaries or chartered accountants, to ensure proper compliance with ROC filing and other statutory obligations.