Author: By Harsha Sharma
Every Company incorporated under this Act or under any previous Company law shall prepare and file Form MGT-7 except One Person Company (OPC) and Small Company.
One Person Company (OPC) and Small Company shall file Annual Return in Form MGT-7A.
The Annual Return shall contain the following particulars of the Company as at the end of the financial year regarding:-
1. Registered office, principal business activities, particulars of its holding, subsidiary and associate companies.
2. its shares, debentures and other securities and shareholding pattern.
3. its members and debenture- holders along with changes therein since the close of the previous financial year.
4. its promoters Directors, Key Managerial Personnel along with changes therein since the close of the previous financial year.
5. Meetings of members or a class thereof, Board and its various committees along with attendance details.
6. Remuneration of Directors and Key Managerial Personnel;
7. Penalty or punishment imposed on the company, its Directors or officers and details of compounding of offences and appeals made against such penalty or punishment.
8. Matters relating to certification of compliances, disclosures as may be prescribed.
9. Information on the shares owned by or on behalf of Foreign Institutional Investors.
– Director and Company Secretary, (Company Secretary in practice if there is no Company Secretary)
One Person Company (OPC) and Small Company– Company Secretary or if no Company Secretary by Director of the Company.
Additional Certification by Company Secretary in practice for following Companies in Form MGT-8:-
Filing with the Registrar a copy of the annual return within a period of 60 days from the date on which the annual general meeting is held or where no annual general meeting is held in any year within 60 days from the date on which the annual general meeting should have been held together with the statement specifying the reasons for not holding the annual general meeting along with additional fees of Rs. 100/- per day of delay in filing.
On Company– Rs. 10,000 and in case of continuing default further penalty of Rs. 100 per day upto Maximum Rs. 2,00,000/-
On Every Officer in default– Rs. 10,000 and in case of continuing default further penalty of Rs. 100 per day upto Maximum Rs. 50,000/-.
Company Secretary in Practice– Rs. 2,00,000 penalty for non compliance.
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