CA K Sanjay BhargavChartered Accountant
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AOC-4 and MGT-7: the annual ROC filing, and the clock that runs from your AGM

CA K Sanjay Bhargav, Chartered Accountant, Bengaluru

Membership No. 250054 · DISA (ICAI)

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Short answer: AOC-4 within 30 days of the AGM, MGT-7 within 60 days. Both clocks start on the date the AGM was actually held. The additional fee is ₹100 per day per form with no cap — and a late filing can cost a private company its exemption from the internal financial controls audit, which is usually the larger number.

Most companies treat these as a December problem. They are not. Both periods run from your AGM, so holding the meeting early moves the deadlines forward with it.

The two filings

AOC-4MGT-7
What it filesFinancial statementsAnnual return
Section13792
Due within30 days of the AGM60 days of the AGM
Small company / OPCSame formMGT-7A

They are independent. Filing AOC-4 on time does not protect you on MGT-7, and the additional fee runs separately on each.

The clock starts at the AGM, not on a date

Two companies, same financial year:

  • Company A holds its AGM on 12 August. AOC-4 is due 11 September; MGT-7 is due 11 October.
  • Company B holds its AGM on 30 September. AOC-4 is due 30 October; MGT-7 is due 29 November.

Same year, deadlines seven weeks apart. An early AGM does not buy time — it spends it. Companies that hold the meeting early and then work to the "usual" dates are the ones that default without realising.

And where no AGM was held, the period runs from the date it ought to have been held. Skipping the meeting does not stop the clock; it just removes the event that would have reminded anyone.

What a late filing actually costs

The ₹100 per day, per form additional fee is the visible cost, and it is uncapped. Two years of inattention on both forms is not a rounding error.

The costs that never appear on the challan matter more:

The IFC exemption. A private company sitting comfortably inside every financial threshold still loses the Section 143(3)(i) exemption if it has defaulted under Section 137 or Section 92. The consequence is a full internal financial controls audit — documented processes, a risk and control matrix, walkthroughs, sample testing across the year, and IT general controls around the accounting system. Against that, ₹100 a day is trivial. The whole test, with a self-check, is in is IFC applicable to your private company.

Director disqualification. Section 164(2) disqualifies a director where the company has failed to file financial statements or annual returns for three continuous financial years. The disqualification runs five years and attaches to the individual — it follows them into every other company where they hold office. Section 167(1) then operates on the office itself.

That first consequence is the argument worth making to anyone weighing whether a late filing "really matters". The fee is small; the audit it triggers is not.

What to have ready

  • The AGM date, with the notice and the minutes
  • Financial statements as adopted, with the Board's report and the auditor's report
  • Auditor appointment details for the year
  • Shareholding as at the year end, and every transfer during the year
  • Details of board and general meetings held
  • Charges created, modified or satisfied
  • Whether AOC-4 XBRL applies to your class of company

First-year and foreign-funded companies

If this is the company's first cycle, the deadlines are computed differently and there are one-off filings that never recur — see first-year ROC deadlines for a Pvt Ltd and an LLP.

A foreign-funded company carries a further layer on separate clocks entirely: FC-GPR, FLA and APR. Those are missed more often than the ROC forms and are covered in the FEMA filings companies miss.

If filings are already overdue

Overdue filings do not improve with time — the additional fee accrues daily and the three-year disqualification window under Section 164(2) keeps running. MCA has periodically opened amnesty windows allowing overdue annual filings at a fraction of the accumulated additional fee, most recently in 2026. They are announced with little notice and close on a fixed date. If you are carrying overdue years, it is worth asking whether a scheme is open before paying the full additional fee.

This is a working reference, not the statute. Periods, fees and thresholds are confirmed against the current Rules — and against any MCA general circular extending the year's filings — before any filing is made.

Frequently asked questions

What are AOC-4 and MGT-7, in plain terms?

AOC-4 files the financial statements with the Registrar, under Section 137. MGT-7 files the annual return — the corporate record of shareholding, directors, meetings and charges — under Section 92. They are two separate filings on two separate clocks, and doing one does not cover the other.

When are they due?

AOC-4 within 30 days of the AGM. MGT-7 within 60 days of the AGM. Both periods run from the date the AGM was actually held, not from a fixed calendar date — so a company that held its AGM in August has earlier deadlines than one that held it on 30 September.

We are a small company. Is there a simpler form?

Yes. A One Person Company and a small company file MGT-7A instead of MGT-7 — an abridged annual return introduced in 2021. Small company is defined in Section 2(85): paid-up share capital up to ₹4 crore and turnover up to ₹40 crore, both tested together, and expressly excluding a holding or subsidiary company whatever its size. AOC-4 is unchanged.

What if we did not hold an AGM at all?

The period runs from the date on which the AGM ought to have been held. Not holding one does not defer the filing — it simply means the clock started without anyone watching it. This is the single largest source of unnoticed default, particularly in dormant or closely held companies.

What does a late filing cost?

An additional fee of ₹100 per day, per form, running until the filing is actually made. There is no cap on it, which is why a filing forgotten for a couple of years produces a figure that surprises people. Beyond the fee, Sections 92(5) and 137(3) provide for penalties on the company and officers in default, adjudicated by the Registrar under Section 454.

Does a late ROC filing affect anything besides the fee?

Yes, and this is the part usually missed. The Section 143(3)(i) exemption from auditor reporting on internal financial controls is available only to a private company that has not defaulted in filing under Section 137 or Section 92. A late AOC-4 or MGT-7 can therefore pull an otherwise-exempt company into a full IFC audit. Separately, Section 164(2) disqualifies a director where the company fails to file financial statements or annual returns for three continuous financial years — a five-year disqualification that attaches to the individual across every company they hold office in.

Who signs, and does anything need professional certification?

AOC-4 is signed by a director and certified by a practising professional. MGT-7 is signed by a director, and by the company secretary where the company has one. MGT-8 — certification of the annual return by a practising company secretary — is mandatory for a listed company, and for an unlisted company, whether private or public, where paid-up share capital is ₹10 crore or more **or** turnover is ₹50 crore or more in the relevant financial year. The two limits are alternatives: crossing either one brings the requirement in.

AGM done and the filings not yet made?

Send the AGM date and the signed financial statements. What is due, by when, and what a delay will actually cost — including the exemption it can cost you elsewhere — is set out before anything is filed.

Related service: Company Incorporation & ROC