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Microlesson · 5-min read

Filing of Financial Statements with ROC (Section 137)

# Section 137 – Copy of FS to be Filed with ROC

## 1. Time Limit

### (a) If AGM is held

File FS with ROC within 30 days of AGM.

### (b) If AGM is NOT held

File unadopted FS with ROC within 30 days of the due date of AGM, along with reasons for non-holding.

### (c) If FS are NOT adopted at AGM

File unadopted FS with ROC within 30 days of AGM (provisional). Later, after adoption at adjourned AGM, file adopted FS within 30 days of adjourned AGM.

## 2. Forms for Filing

FormPurpose
AOC-4Filing of standalone Financial Statements
AOC-4 CFSConsolidated Financial Statements
AOC-4 NBFC (Ind AS)NBFCs reporting under Ind AS – Standalone
AOC-4 CFS NBFCNBFCs reporting under Ind AS – Consolidated
AOC-4 XBRLListed companies, Indian subsidiaries of listed cos, paid-up capital ≥ ₹5 cr, turnover ≥ ₹100 cr, and companies covered under Ind AS (XBRL is exempted for NBFCs, Banking, Insurance & Power sector – they use specific forms)

## 3. Disclosure in Annual Return

The fact and reasons for not adopting FS at AGM, or for not holding AGM, must also be disclosed in the Annual Return (Form MGT-7/7A).

## 4. Contravention

  • Penalty on company and officer responsible for filing
  • The person responsible for filing FS with ROC is:

1. MD or CFO

2. In absence – Director charged with such responsibility

3. In absence – All directors of the company

  • Penalty: As per the section (default → continuing default with daily fine up to ₹5,000 max ₹10,000)

Worked example

### Example 1

Example: PQR Ltd. held its AGM on 30-Sep-2024. By when must it file its FS with ROC?

Within 30 days of AGM → by 30-Oct-2024 in Form AOC-4.

### Example 2

Example: LMN Ltd. could not adopt its FS at the AGM held on 25-Sep-2024 and adjourned the meeting to 10-Nov-2024 where FS were adopted.

Filings: (i) unadopted FS within 30 days of 25-Sep-2024 (by 25-Oct-2024); (ii) adopted FS within 30 days of 10-Nov-2024 (by 10-Dec-2024).

⚠️ Common exam mistakes

  • Forgetting to file unadopted FS when the AGM does not adopt them – only filing once after adoption.
  • Confusing AOC-4 (standalone) with AOC-4 CFS (consolidated).
  • Thinking XBRL applies to all listed companies' subsidiaries – it applies only to Indian subsidiaries of listed cos.
  • Forgetting that if AGM is not held, the time limit runs from the due date of AGM (not from the actual AGM).
Bare-Act text Section 137 · Companies Act, 2013 · click to expand
Section 137(1): A copy of the financial statements, including consolidated financial statement, if any, along with all the documents which are required to be or attached to such financial statements under this Act, duly adopted at the annual general meeting of the company, shall be filed with the Registrar within thirty days of the date of annual general meeting in such manner, with such fees or additional fees as may be prescribed.
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