Legal Filing Obligations

• JV companies registered as separate legal entities must file annual returns.
  
• The filing is mandated under the corporate laws of the country where the JV is incorporated.
  
• In India, filing is required under the Companies Act, 2013.
  
• Annual returns provide details about company structure, shareholders, and compliance.
  
• Non-filing may lead to penalties and the disqualification of directors.
  

Registrar of Companies (RoC) Filing

• JV companies in India must file Form MGT-7 with the RoC.
  
• MGT-7 captures data such as shareholding pattern, changes in directorship, and corporate structure.
  
• The return must be certified by a Company Secretary if applicable.
  
• The due date is 60 days from the Annual General Meeting (AGM).
  
• AOC-4 must also be filed with audited financial statements.
  

Board and Shareholder Approval

• Annual returns are prepared after approval of the audited financials by the board.
  
• The AGM is held to adopt the financial statements and approve the return.
  
• Board resolutions are passed authorizing directors or officers to file returns.
  
• Copies of the adopted documents are retained for records and future audits.
  
• Compliance with shareholder disclosure requirements is ensured.
  

Digital Filing Procedure

• Returns are filed electronically through the Ministry of Corporate Affairs (MCA) portal in India.
  
• Digital Signature Certificates (DSC) of authorized directors are required.
  
• Forms are uploaded along with necessary attachments like the auditor’s reports and resolutions.
  
• Filing fees vary based on the company’s capital and classification.
  
• Acknowledgment and receipt are generated for compliance proof.
  

Penalties and Compliance Monitoring

• Delays in filing attract additional fees and compliance notices.
  
• Persistent non-filing may result in the strike-off of the JV company.
  
• Companies are flagged for default in public databases.
  
• Regular compliance checks help avoid legal complications.
  
• Partners may include filing responsibilities in JV governance policies.