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Business — Compliance

Keeping your NRI-owned Indian company compliant with the ROC each year

Your company is incorporated and running, but you're abroad, and the annual filings and director KYC are the kind of thing that quietly lapses.

You own or direct an Indian private limited company, you live abroad, and the company now has to file a set of annual returns with the Registrar of Companies (ROC) every year — its financial statements, its annual return, and your own director KYC — on top of its income-tax filing. None of these chase you; they just fall due, and the penalties for missing them accrue per day and can disqualify a director. When the people who'd normally remember are in a different time zone, these are exactly the filings that slip, which is why they're best handed to a CA who tracks the calendar for you.
Last reviewed: 10 June 20268 min readReviewed by Preetesh Maloo, CA

The short answer

An Indian private limited company files its financial statements with the ROC on Form AOC-4 and its annual return on Form MGT-7 every financial year, after holding a board meeting and an annual general meeting to approve the accounts. Every director with a DIN must also file DIR-3 KYC each year. AOC-4 is generally due within 30 days of the AGM and MGT-7 within 60 days of it, with the AGM itself normally held by 30 September following the year end. Late ROC filings carry a per-day additional fee and, if neglected, can lead to director disqualification — which is why these are tracked tightly when the directors are overseas.

References on this page

  • Form AOC-4 (filing of financial statements with the ROC)
  • Form MGT-7 (annual return)
  • DIR-3 KYC (annual KYC for every director holding a DIN)
  • Board meeting + AGM to approve the accounts (AGM normally by 30 September)
  • Per-day additional fee on late filing; director disqualification on prolonged default

The annual filings every Indian company owes

Once a private limited company exists, it carries an annual compliance load that runs whether or not the business did much that year. A dormant company still files. The core ROC filings each financial year are two.

Form AOC-4 is where the company files its financial statements — the balance sheet, profit and loss account, and the related reports — with the Registrar of Companies. Form MGT-7 is the annual return: a snapshot of the company's shareholding, directors and key particulars as at the year end. Both follow the accounts being approved, first by the board and then by the shareholders at the annual general meeting.

Alongside these sits the company's own income-tax return and, for most companies, a statutory audit (covered on the audit page below). The ROC filings and the tax filing are separate obligations to separate authorities, on their own deadlines — a common source of confusion for founders who assume filing the tax return covers everything.

Board meeting, AGM, then the filings — in that order

The annual filings aren't standalone uploads; they follow a sequence of company actions, and skipping the order is what creates problems later.

The accounts for the year are first approved by the board at a board meeting, then adopted by the shareholders at the annual general meeting (AGM). The AGM is normally held by 30 September following the end of the financial year. Only once the accounts are adopted do the ROC forms follow: AOC-4 is generally filed within 30 days of the AGM, and MGT-7 within 60 days of it.

StepWhat happensUsual timing
Board meetingBoard approves the accountsBefore the AGM
AGMShareholders adopt the accountsBy 30 September
AOC-4 / MGT-7Financials + annual return filedWithin 30 / 60 days of AGM

A company is also expected to hold board meetings through the year, not just one at year end. For an overseas founder, the meetings can be held with proper notice and minutes regardless of where the directors physically are — what matters is that they actually happen and are recorded, because the minutes underpin the filings that follow.

The annual director KYC that's personally yours (DIR-3 KYC)

Separate from the company's own filings is a personal one that every director carries: DIR-3 KYC. Anyone holding a director identification number (DIN) has to verify their KYC with the ministry each year, confirming their current details — including a personal email and mobile that are verified by one-time code.

This one trips up overseas directors more than any other, because it's tied to the individual, not the company, and it's easy to assume the company's filings cover it. They don't. If a director's DIR-3 KYC isn't filed by its annual due date, the DIN is deactivated and a fee applies to reactivate it — and a deactivated DIN means that person can't validly act as a director or sign filings until it's restored.

For an NRI director, the practical snag is usually the verification: the email and mobile on record have to be ones the director can actually receive a code on while abroad. Sorting that out before the deadline, rather than during a scramble, is the whole game.

What actually slips when the director is abroad

The filings themselves are routine. What goes wrong is almost always timing and communication, and the pattern repeats.

The AGM date drifts because nobody's coordinating it across time zones, which pushes AOC-4 and MGT-7 late. A director's DIR-3 KYC lapses because the reminder went to an email they no longer check, and the DIN deactivates. The accounts aren't finalised in time because the bookkeeping was left to year end. Each of these carries a cost: ROC late filing attracts an additional fee that accrues per day of delay, and prolonged default can lead to a director being disqualified — a serious consequence that's entirely avoidable.

The fix is unglamorous: someone on the Indian side owns the calendar, chases the documents early, and files well before the dates rather than on them. That's the job a CA does here — not the upload, which is minutes, but the year-round tracking that means the upload is never the emergency.

What's involved

What the CA actually does

  1. 1

    We run your compliance calendar so nothing falls due unnoticed

    A CA maps every annual obligation for your company and its directors — AOC-4, MGT-7, DIR-3 KYC, the AGM, the tax return — onto a calendar and works backwards from each date, so the documents are gathered weeks early rather than the day before.

  2. 2

    We prepare the board meeting and AGM paperwork

    We help convene the board meeting and the AGM with proper notice and draft the minutes and resolutions that approve and adopt the accounts — the records the ROC filings rest on — so the sequence is clean even with directors abroad.

  3. 3

    We file AOC-4 and MGT-7 on time

    Once the accounts are adopted, we file the financial statements (AOC-4) and the annual return (MGT-7) within their windows, so no per-day late fee starts to run.

  4. 4

    We keep every director's DIR-3 KYC current

    We track each director's DIR-3 KYC due date and make sure the verification email and mobile are ones you can reach while abroad, so no DIN deactivates and no director is sidelined from signing filings.

What to have ready

Documents you'll typically need

  • The company's finalised financial statements for the year
  • Bank statements and ledgers to finalise the accounts, if not already booked
  • Current particulars of all directors and shareholders
  • Each director's DIN, PAN, and a reachable email and mobile for KYC verification
  • Last year's filed AOC-4, MGT-7 and tax return, for continuity
  • Minutes of board meetings held during the year, if any

Frequently asked questions

Common questions

Abroad and worried your company's ROC filings will slip? Hand it to a CA.

Tell us your company and your directors. A practising CA will map your AOC-4, MGT-7 and DIR-3 KYC deadlines and run the calendar for you — on a free call to start.

No card, no obligation. All certification and filing work is handled by ICAI-registered practising Chartered Accountants.