Form MGT-7 and MGT-7A are basically the annual return forms that companies have
to file with the ROC under the Companies Act, 2013. It’s one of those yearly
compliances that can’t really be skipped.
2. Why
do companies have to file this form?
The idea is simple-MCA wants a yearly snapshot of the company. Shareholding,
directors, meetings, capital, all that stuff in one place.
3.
Which companies need to file MGT-7 or MGT-7A?
Almost all companies registered under the Act. There’s no broad exemption here,
whether the company is active, big, or small.
4.
What’s the difference between MGT-7 and MGT-7A?
MGT-7 is for normal companies. MGT-7A is specifically for OPCs and small
companies.
5. Why
was MGT-7A introduced separately?
Because OPCs and small companies don’t function like regular companies. No AGM,
fewer members. So MCA brought in a simpler, slightly adjusted version.
6. When
is MGT-7 due?
Within 60 days from the date of the AGM. Not from the financial year end-this
is important.
7.
What about MGT-7A?
MGT-7A is due within 60 days from the date on which the AGM should have been held. Even though
OPCs don’t actually hold AGMs.
8.
What if the AGM wasn’t held at all?
Even then, the form has to be filed. You just mention the reason for not
holding the AGM. Filing doesn’t stop.
9. Who
signs Form MGT-7?
It’s signed by a Director and the Company Secretary. If there’s no CS, then a
Practicing Company Secretary steps in.
10. Is
PCS certification mandatory?
Yes, for listed companies and certain unlisted companies crossing the paid-up
capital or turnover limits. That’s where MGT-8 comes in.
11.
What kind of information goes into MGT-7 / 7A?
Quite a lot-registered office, business activity, share capital, members,
directors, meetings, penalties, basically the company’s yearly profile.
12.
Does it include shareholding changes?
Yes. Any changes during the year in promoters or members are captured in the
form.
13.
Are director details compulsory?
Absolutely. Names, DINs, appointments, resignations, remuneration-everything
has to be disclosed.
14.
What attachments are required with the form?
Usually the list of shareholders and debenture holders. If AGM extension was
taken, that order is attached too.
15. Is
Form MGT-8 attached to MGT-7?
Yes, wherever certification applies, MGT-8 has to be attached along with the
annual return.
16.
What is the filing fee for MGT-7 / 7A?
It depends on the authorized share capital of the company.
17.
What happens if the form is filed late?
Late fees start at ₹100 per day. It keeps adding up, subject to a maximum cap.
18.
What if the form is not filed at all?
Then penalties apply to both the company and the officers in default under
Section 92. It can escalate quickly.
19.
Can MCA waive late fees?
No. For MGT-7 and 7A, late fees are fixed and non-waivable.
20.
Can MGT-7 / 7A be revised after filing?
No. Once filed, that’s it. Any mistake stays on record and may raise questions
later. And can be revised only after cancellation of SRN of the Earlier form by
ROC.
21.
Can MGT-7 be filed before AOC-4?
Technically yes. But from a practical and professional standpoint, AOC-4 should
be filed first.
22. Do
OPCs need to hold an AGM?
No, they are exempt from holding AGM. But filing MGT-7A is still mandatory.
23.
Which date is considered for OPC filing?
The due date of AGM, generally 30th September, is taken as the reference point.
24.
Why is accurate filing of MGT-7 important?
Because it’s a public document. Investors, banks, regulators-everyone looks at
it sooner or later.
25.
Can non-filing affect directors personally?
Yes. Continuous defaults can even lead to director disqualification under
Section 164.
26. Is
MGT-7 applicable to LLPs?
No. LLPs follow a completely different compliance framework.
27.
Can the form be filed offline?
No. It has to be filed online on the MCA portal using valid DSCs.
28. Is
it better to take professional help for filing?
In most cases, yes. It reduces errors and avoids unnecessary future issues.
29.
What’s the bigger benefit of timely MGT-7 / 7A filing?
Clean records, better credibility, and fewer compliance headaches down the
line. It just keeps things smooth.
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Please post blog on ADT-1
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