Monday, 12 October 2015

FAQ on Annual Filings 2014-15

FAQ on Annual Filings 2014-15

Q1. Whether ratification of appointment of Auditors at AGM requires submission of Form - ADT 1?
Ans:  Form ADT-1 is required to be filed only at the time of appointment not for the subsequent Ratification.

Q2. Whether SRN of the Form GLN 2 filed for the appointment of Auditor is valid for filling SRN of ADT 1 required in Form AOC 4?
Ans:SRN of GNL-2 is a valid SRN required to be disclosed while filling AOC-4. The same has been enabled by MCA in the said form.

Q3. Whether ADT 1 is required to be filled for the appointment of first auditor of the company?
Ans: No, ADT 1 is not required to be filled for the appointment of first auditor.

Q4. What is to be filled in AOC 4 in place of SRN of ADT 1, in case of filing of first financial of the company?
Ans: In place of the SRN of the ADT 1, Z99999999 is to be filled and the same will be soon activated by the Ministry in the AOC 4 form.

Q5.  Is this mandatory to file MGT 14 for MBP 1 i.e. disclosure of interest by directors by all public company and subsidiary to public company?
Ans: MCA vide Notification G.S.R 206(E) Dated 18th- March -2015 has clarified that Companies are not required to file any form with registrar for disclosure of interest by directors.

Q6.  Is it mandatory to file e-Form MGT 14 for the Board Resolution to approve financial statement and the Board’s report by all the Companies?
Ans: E-form MGT 14 is required to be filed for the Board Resolution to approve Financial Statement and the Board’s report only by Public Companies and its subsidiaries. MCA vide its notification dated 5/06/2015 has exempted Private Companies for filing MGT 14 under Section 117 of the Companies Act, 2013.

Q7. Which date should be filled in AOC 4 for the date on which financial statement has been approved?
Ans:In this case the date of the board meeting in which the Board of Directors approved the financial and sent it back to the Auditor for their reports thereon shall be entered.

Q8. Can the company change its e-mail id and telephone number in the form, as the same is prefilled?
Ans: Yes, e-mail id and telephone number can be changed in the form and the same will be updated in the master data too.

Q9. Whether the auditor can sign the balance sheet before the same is approved from the board?
Ans: No, an auditor can't sign the balance sheet before the same is approved from the board.

Q10. Can a company send balance sheet and auditor’s report at a shorter period i.e. less than 21 days before the AGM as like shorter notice?
Ans: The matter has been examined by MCA and it has been clarified vide Circular No.11/2015 dated 21-07-2015 that a company holding a general meeting after giving a shorter notice as provided under section 101 of the Act may also circulate financial statements (to be laid/considered in the same general meeting) at such shorter notice.

Q11. What are the limits viz. paid up capital and turnover for XBRL fillings applicable for F.Y. 2014-15?
Ans: The following class of companies are required to file their financial statement and  documents under section 137 of the Companies Act ,2013 in e-form AOC-4 XBRL for the financial years commencing on or after 1st of April ,2014
(a) all companies listed with any Stock Exchange(s) in India and their Indian subsidiaries; or
(b) all companies having paid up capital of rupees five crore or above;
(c) all companies having turnover of rupees hundred crore or above; or
(d) all companies which were hitherto covered under the Companies (Filing of Documents) and Forms in Extensible Business Reporting Language) Rules, 2011.

Provided that the companies in Banking, insurance, Power Sector and Non- Banking Financial companies are exempted from XBRL filing

Q12. When auditor of the Company is changed during the year then SRN of which ADT 1 is to be filled in the form AOC 4?
Ans: If the auditor has been changed during the year then the SRN of the ADT 1 for the appointment of the auditor who has signed the balance sheet is to be entered.

Q13. What to do in Form AOC 4 if the company has more than 20 subsidiaries as form is accepting details of only 20 subsidiaries?
Ans: If the company has more than 20 subsidiary companies then, a separate sheet containing the details of the subsidiaries in the same format as in the form is to be attached along with the form. The same is be followed for other details also.

Q14. What to be filled for the product or service category code (ITC/ NPCS code), if the code is of more than 4 digits?
Ans: If the ITC/ NPCS code is of more than 4 digit then, it is suggested to enter last 4 digit of the code.

Q15. Whether it is correct to pass a resolution in the general meeting to approve and take note of the balance sheet and Profit and Loss account of the company?
Ans: No, the company have to get its financial statement approved in the general meeting, not only Balance Sheet and Profit and Loss account. For details refer the definition of the financial statement.

Q16. If the director who has signed the financial statements has resigned after that and his form for the resigned is being filled but while entering the details of the signatories of the financial statement, the details of the resigned director is being not accepted. What to do such a situation?
Ans: The AOC 4 form is not accepting the details of the resigned director and it is a technical error in the form so, raise a ticket on the MCA21 portal in this regard then the back office will facilitate to upload such form.

Q17. Whether amount allocated by the company to the NGO or other allowed organizations but not expended by them will be CSR expenditure for the company or not?
Ans: The amount allocated by the company is considered as expenditure for filing the details in form AOC 4.

Q18. If the authorized capital of the company appearing on the balance sheet and on the MCA portal differs then what to do as the same is prefilled in the form?
Ans: If the authorized capital of the company is altered by the company and has not filed the Form SH 7 for the alteration in the authorized capital then, the company need to file Form SH 7 first in order to get the data corrected.

If the company has filed the form for the alteration of the capital but still there is mismatch then, the company have to get its master data corrected first.

Q19. Whether the company listed on the regional stock exchange but now derecognized is still considered as listed company or considered as unlisted company for filling the details in the form MGT 7?
Ans: Yes, the company is still considered as listed company if the company has not followed the procedures for the delisting. SEBI has also clarified in this matter that these companies are not required to do listing compliances but still consider as listed company unless and until the company gets itself delisted.

Q20. What to fill in the form MGT 7 required to be filled for the details of the holding, subsidiary, joint ventures and associate companies, if the FCRN number of any company is not available?
Ans: If the FCRN number of any company is not available then, the details of that company can be left out while filling the form.

Q21. What to fill in the Form MGT 7 in details asking for the Type of Board Meeting?
Ans: You are requested to download the fresh form and fill the same as in the updated form the requirement of the same has been removed.

Q22. Is there any limit for pre-certifying the Form MGT 7 by a Practicing Company Secretary?
Ans: No, there is no as such limit for number of forms which can be certified by a PCS. The limit of 80 companies is for MGT 8.
                  
Note: If you are facing any other problems while filing any forms or need any assistance, do write to us we will assist you in all possible manner.

Best regards,
Prince Kumar | Associate
Proglobal Corp
Address: 46A, 1st Floor, Amar Plaza, IP Extension, Delhi-110092



Contact: 011-43558440 |



Disclaimer by the Author

Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, I assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of the Companies Act and Rules. The user of the information agrees that the information is subject to change without notice. I assume no responsibility for the consequences of use of such information. IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION.

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