AOC-4: Filing Financial Statements
Form AOC-4 is the MCA21 form for filing the company's financial statements (balance sheet, profit and loss account, cash flow statement, notes to accounts, and auditor's report) with the ROC. For GCCs following Ind AS (mandatory for companies with net worth above INR 250 crore or listing), the financials must be prepared under Ind AS. For smaller GCCs, Schedule III of the Companies Act 2013 under AS (Accounting Standards) applies.
The deadline for AOC-4 is 60 days from the date of the AGM. For a company with a March 31 financial year end, the AGM deadline is September 30, making AOC-4 due by November 29. The One Person Company (OPC) has a shorter window: AOC-4 is due within 180 days of the financial year end (September 27 for a March 31 year end).
AOC-4 must be certified by the auditor, authenticated by at least two directors (one of whom must sign if required by the board), and the Company Secretary (if the company is required to have one). For GCCs with fewer than 50 employees, a CS is not mandatory but is strongly recommended.
MGT-7: Annual Return
Form MGT-7 is the annual return, which reports the company's shareholding structure, director details, changes in shareholding during the year, promoter information, indebtedness, and key financial metrics as of the last day of the financial year. It is a snapshot of the company's corporate structure on March 31.
For companies with paid-up share capital of INR 10 crore or more, MGT-7 must be certified by a practicing Company Secretary (CS) who signs it with their membership number. Most GCCs incorporated with a foreign parent's equity will have paid-up capital above INR 10 crore from day one (given FDI inflows), so a CS certification is typically mandatory.
MGT-7 deadline: 60 days from the AGM date. This is the same as AOC-4, so both forms are typically filed in the same window, often simultaneously by the CA or CS firm managing the ROC compliance.
Director disqualification under Section 164(2) is a serious risk
If a company defaults on filing AOC-4 or MGT-7 for 3 consecutive financial years, every director of that company becomes disqualified from being a director of any Indian company for 5 years. This disqualification is automatic - there is no prior notice. For nominee directors who sit on multiple boards, this can trigger cascading disqualifications across all companies they serve.
ADT-1: Auditor Appointment
Form ADT-1 is filed to notify the ROC of the appointment or reappointment of the statutory auditor. Under Section 139 of the Companies Act 2013, auditors are appointed for a term of 5 years (one term for an individual auditor, two terms for a firm). ADT-1 must be filed within 15 days of the AGM at which the auditor is appointed.
For a newly incorporated company, the first auditor is appointed by the board within 30 days of incorporation (Section 139(6)) and serves until the conclusion of the first AGM. Form ADT-1 is filed for the board appointment within 15 days. At the first AGM, the auditor is reappointed (or replaced) and a fresh ADT-1 is filed.
The auditor must accept the appointment in writing before ADT-1 can be filed. The auditor's certificate confirming independence, eligibility, and absence of disqualification (under Sections 141 and 143) must be attached to ADT-1.