Legal Obligation
- Every OPC is required to file its financial statements annually with the Registrar of Companies (RoC).
- This requirement is mandated under Section 137 of the Companies Act, 2013.
- Filing is compulsory even if the company has not carried out any business during the year.
- The financial statements must present a true and fair view of the company’s affairs.
- Failure to file results in financial penalties and potential legal action.
Applicable Forms and Timeline
- The financial statements are filed using Form AOC-4, which is designed for small and single-member companies.
- The form includes details of the balance sheet, profit and loss statement, and notes to accounts.
- It must be filed within a specific period following the end of the financial year.
- The filing must be signed using a Digital Signature Certificate (DSC) and certified by a practicing professional.
- The form becomes part of the public record accessible through the MCA portal.
Audit Requirements
- All OPCs are required to get their accounts audited by a Chartered Accountant, regardless of turnover.
- The audited financials must be attached to the filing form.
- The auditor’s report and board approval are key components of the final submission.
- The audit ensures that the financial statements comply with legal and accounting standards.
- Non-compliance with audit provisions leads to rejection of filings and further penalties.
Content of Financial Statements
- The submitted financial statements must include:
- Balance sheet
- Profit and loss account
- Cash flow statement (if applicable)
- Notes to accounts
- Auditor’s report
- Balance sheet
- These documents must be by Schedule III of the Companies Act.
- All amounts should be clearly stated in Indian currency and must match the audit report.
- Financials must reflect all assets, liabilities, incomes, expenses, and provisions.
Filing Responsibility and Consequences
- The director of the OPC is responsible for ensuring timely and accurate filing.
- Late filing attracts additional fees per day of delay, and prolonged default can lead to disqualification.
- The RoC may issue notices or initiate proceedings for persistent non-compliance.
- Filing ensures transparency, legal standing, and access to benefits like loans and contracts.
- It is a critical annual requirement that supports the company’s continued existence and credibility.
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