Company having any of the different types of Company Registration in India is bound to have file annual ROC. If ROC Filing is delayed or not filed in any case then it can have major effects on the company as well as the directors of the company.
The penalty for non-filing of ROC (Registrar of Companies) returns in India can vary depending on the specific return and the duration of the delay. Failure to file ROC returns can result in financial penalties and other legal consequences. Here are some common ROC returns and the associated penalties for non-filing or delayed filing:
On the directors- If the directors of the company have failed to file both Form MGT-7 and AOC-4 for three years continuously then, they are disqualified to be re-appointed in the same company or appointed as director in any other company for next five years.
On the Company- On failing to file the annual ROC Filing for continuously two years, the Registrar of Companies shall assume that the company is closed or having a status of dormant company. He is likely to send a notice to the company to hear their reasons for non-filing and in case of failure of the same he will strike off the company. Moreover, the RoC can discard the company’s name from the MCA records after rendering an opportunity of being heard.