Section 92 - Certification by a Company Secretary on Annual Return
Section: Section 92 of the Companies Act, 2013
Purpose: To ensure that companies file their annual returns accurately and in a timely manner, and to provide a certification process for the same.
Applicability: All companies registered under the Companies Act, 2013
Timeline: The annual return is to be filed within 60 days from the date of the Annual General Meeting (AGM) of the company.
Exemption: There is no exemption from filing an annual return for any company, regardless of its size or nature.
Penalty: In case of a delay in filing the annual return, a penalty of Rs. 100 per day may be levied on the company, subject to a maximum of Rs. 5 lakhs or 2% of the total turnover of the company, whichever is lower.
Due date: The annual return is to be filed within 60 days from the date of the AGM of the company.
Forms: The annual return can be filed in the Form MGT-7, which is available on the website of the Ministry of Corporate Affairs (MCA).
Reporting authority: The annual return is to be filed with the Registrar of Companies (RoC) in the state where the company is registered.
