EVERYTHING
ABOUT
ANNUAL
FILING
ONE
PERSON COMPANY (OPC)
For Financial Year 2022-23
(07th August 2023)
SHORT SUMMARY:
A
one-person Company is a company that has only one person as its member. Being a
one-member company, the OPC has fewer compliance requirements compared to a
private limited company or Limited Liability Partnership.
In
this article, the author will discuss the Annual Filing of a one-person Company
with the Registrar of Companies.
There
are many forms that an OPC is required to file with the ROC on an annual basis.
Like
|
1.
|
MSME-1
|
Half
Yearly
|
|
2.
|
DPT-3
|
Yearly
|
|
3.
|
DIR-3
KYC
|
Yearly
|
In
this editorial author shall discuss about following filing and concepts
·
AOC – 4 (Financial Statement)
·
MGT-7A (Annual Return)
I.
ANNUAL GENERAL MEETING:
There is always dilemma
that, whether OPC is required to hold Annual General Meeting or not?
Ø LEGAL
PROVISION:
Any
business which is required to be transacted at an annual general meeting or
other general meeting of a company by means of an ordinary or special
resolution, it shall be sufficient if, in case of One Person Company, the
resolution is communicated by the member to the company and entered in the
minutes-book.
Ø IMPACT OF PROVISION:
§ As
OPC having only one member, therefore OPC is not required to hold any General
Meeting (EGM/ AGM).
§ OPC
have to maintain minutes of Annual General Meeting as per (Section 122).
§ Due
date of AGM of OPC is 27th September.
§ OPC
just have to take note the resolution to be passed in General Meeting Like:
-
Adoption of Annual Accounts
-
Adoption of Directors Report
-
Appointment of Auditor. Etc.
II.
AOC- 4 (FINANCIAL
STATEMENT):
§ It
is required to file within 180 days from the end of Financial Year.
§ Due
Date of AOC-4 is 27th September 2022.
§ If
AOC-4 filed after 27 September, there is additional fees of Rs. 100 per day.
§ Attachment
to AOC-4
-
Financial Statement
-
Abridge Directors Report (As per rule
8A)
III.
MGT- 7A (ABRIDGE ANNUAL
RETURN):
§ It
is required to file within 60 days from the Date of AGM
§ AGM
can be held maximum Upto 27 September 2022.
§ Due
Date of MGT-7 is 26th November 2022.
§ If
MGT-7 filed after 26 November, there is additional fees of Rs. 100 per day.
§ Attachment
to MGT-7A
-
List of Director
If
Date of AGM is extended by MCA, whether Due Date of AOC-4 of OPC shall be
extend or not?
As
OPC is not required to hold any AGM. Therefore, one can opine that, even if the
date of AGM extended by the MCA, It will not impact the Due Date of AOC-4. Due
Date of AOC-4 shall be 27 September.
Author – CS Divesh Goyal,
GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can
be contacted at csdiveshgoyal@gmail.com).
Disclaimer: The entire contents of this document have been prepared based
on relevant provisions and as per the information existing at the time of the
preparation. 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 applicable Laws. The user of the information agrees that
the information is not professional advice and is subject to change without
notice. I assume no responsibility for the consequences of the 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