ANNULA RETURN(MGT 7):
Section 92 of Companies Act 2013 provides for certification of annual return of the company which is similar to compliance certificate under Section 383 A of Companies Act 1956. Accordingly Every company shall prepare a return in the Form MGT 7 as on the close of the financial year.
OPC and Small company- Annual Return shall be signed by –
The company secretary, or
Where there is no company secretary, by the director of the company
INDIAN COMPANIES (EXCEPT OPC and small company)
Additionally as per Sector 92 and Rule 11(2) of Companies (Management and Administration) Rules, 2014 following companies have to prepare Annual Return in Form No MGT 8 (physical form) and get it certified by an Independent Practicing Company Secretary:
listed company or
company having such paid-up capital of Rs.5 Crores and turnover of Rs.25 Crores or more
Annual Return by Foreign Company:
Every foreign company shall prepare and file, within a period of sixty days from the last day of its financial year, to the Registrar annual return in Form FC.4 along with such fee as provided in the Companies (Registration Offices and Fees) Rules, 2014 containing the particulars as they stood on the close of the financial year.
Scope
Return shall include following :
(i) its registered office, principal business activities, particulars of its holding, subsidiary and associate companies;
(ii) its shares, debentures and other securities and shareholding pattern;
(iii) its indebtedness;
(iv) its members and debenture-holders along with changes therein since the close of the previous
financial year;;
(v) its promoters, directors, key managerial personnel along with changes therein since the close of the last financial year;
(vi) meetings of members or a class thereof, Board and its various committees along with attendance details;
(vii) remuneration of directors and key managerial personnel;
(viii) penalties imposed on the company, its directors or officers and details of compounding of offences;
(ix) matters related to certification of compliances, disclosures as may be prescribed;
(x) details in respect of shares held by foreign institutional investors; and
(xi) such other matters as may be prescribed.
Return and attachments:
Every company shall prepare annual return in form number MGT 7 Which shall be filed in 60 days from the date of Annual General Meeting with following attachemnts:
List of shareholders, debenture holders
Approval letter for extension of AGM; if AGM date extended
Copy of MGT-8 for above Classified companies;FORM MGT 8 FORMAT IN WORD FORMAT
Penalty
In case a Company Secretary in practice -Fine which shall not be less than Rs.50, 000/- but which may extend to Rs.5, 00,000/–
In case of Company-Fine which shall not be less than Rs.50, 000/- but which may extend to Rs 5,00,000/-
In case of Officer in Default- Imprisonment for a term which may extend to 6 months or Fine which shall not be less than Rs.25,000/- but which may extend to Rs.5,00,000/- or with both.