Under sec 92 of Companies Act, 2013 every company registered in India has to file their annual returns to ROC by filing of Form MGT-7 within 60 days from which the company’s annual general meeting was held.

What is Form MGT-7?

Form MGT-7 is an electronic form introduced by the Ministry of Corporate Affairs for every registered company in India to file their annual returns to the ROC which in return saves the data electronically.

Who can file for MGT-7?

It is mandatory for every company registered with MCA whether private, public or OPC have to file their annual returns through Form MGT-7.

What is the main objective of filing Form MGT-7?

Every company at the closing of their financial year have to file their annual returns containing the particulars to ROC by filing form MGT-7 along with the following details:

• The name and address of the registered office, type of business activity conducted by the company and information about its subsidiary, holding or any other associated company
• List of company’s shares, debentures, securities and any other shareholding pattern
• Names of members and debentures along with the type of alterations connected to them
• Indebtedness of the company
• The balance sheet of the company’s profit and loss
• Name of all the directors, promoters and Key Managerial Personnel along with their activities
• Details about the presence of members, class, board and various committees in the meeting.
• Remuneration of directors and key managerial personnel.
• Details about any penalty or punishment imposed on the company or any of its members along with the appeals made against such penalties.
• Details regarding certification of compliances and disclosures
• The shareholding pattern of the company and other details as required.

What are the documents or attachments required to file along with form MGT-7?

While filing the Form MGT-7, there are a certain set of documents which are needed to be attached along with the prescribed form

• List with names of company’s shareholders and debenture holders if the company have share capital
• Approval letter for extending the annual general meeting if the meeting was extended
• Copy of form MGT 8 in case of listed companies and for the companies having paid up share capital of INR 10 crores or more or an annual turnover of more than INR 50 crores.
• Optional attachment, if any

What are the prescribed fee and due date for filing Form MGT-7?

It is mandatory for companies to file the Form MGT-7 within 60 days after holding the company’s annual general meeting. The fee for filing the company’s annual returns are based on the share capital of the company.

Additional fees to be paid for filing the company's annual return 

When the company surpasses the due date of filing the form then it is required to pay an additional fee in addition to a normal fee which is calculated on the no. of days of delay 

What is the penalty faced by the company if they do not file their annual returns?

Under section 92(5) of Companies Act, 2013 if a company fails to file its annual returns within the prescribed time limit then the company under section 403 shall be liable to additional fee along with a punishable fine which may extend from INR 50,000 to INR 5,00,000. Plus the officer in charge who is in default shall be sentenced to imprisonment which can extend up to 6 months with the fine.

Also under section 92(6), if a company secretary in practice certifies the annual returns which are not in confirmation with the requirements laid down by the Companies Act, then he shall be punishable with the fine extending from INR 50,00 to INR 5,00,000.