Other MCA Filings

Beyond their annual returns, companies must make a range of other filings with the MCA whenever certain events occur or on a periodic basis, changes in directors, capital, registered office, or charges, and returns such as deposits and dues to MSMEs. Most are due within 30 days of the event, and late filing attracts penalties. Samkhya manages all your event-based and periodic MCA filings.

Other MCA Filings: A Detailed Guide

A company’s compliance does not end with its annual AOC-4 and MGT-7; the Companies Act, 2013 requires a range of event-based and periodic filings with the MCA as the company changes and operates. Event-based filings are triggered by specific actions and are usually due within 30 days, for example, DIR-12 for a change in directors, INC-22 for a change of registered office, SH-7 for an increase in authorised capital, PAS-3 for an allotment of shares, CHG-1 for a charge, and MGT-14 for certain resolutions. Periodic filings include DPT-3 (return of deposits and outstanding loans, annually) and MSME-1 (half-yearly dues to MSME suppliers), while a new company files INC-20A to declare the commencement of business. Most of these carry penalties for delay, often the same Rs. 100 per day that applies to the annual forms.

Why Timely Filing Matters

Timely MCA filing brings clear benefits:

  • Keeps Records Current: It keeps the MCA’s record of the company accurate.
  • Avoids Penalties: It avoids the per-day penalties that delays attract.
  • Validates Actions: Filings such as PAS-3 and SH-7 give effect to corporate actions.
  • Protects Charges: Timely CHG-1 protects a lender’s charge over assets.
  • Supports Due Diligence: Clean filings help in funding, loans, and due diligence.
  • Maintains Active Status: It keeps the company in good standing on the register.

Common Event-Based Filings

The main event-based filings include:

  • DIR-12: For appointment, resignation, or change of directors, within 30 days.
  • INC-22: For a change of the registered office, within 30 days.
  • SH-7: For an increase in authorised share capital, within 30 days.
  • PAS-3: For a return of allotment of shares, within 30 days.
  • CHG-1: For creating or modifying a charge, within 30 days.
  • MGT-14: For filing certain board or special resolutions, within 30 days.

Periodic and One-Time Filings

Other filings are periodic or one-time:

  • DPT-3: The annual return of deposits and outstanding loans, by 30 June.
  • MSME-1: The half-yearly return of outstanding dues to MSME suppliers.
  • INC-20A: The declaration of commencement of business, within 180 days of incorporation.
  • ADT-1: The intimation of the auditor’s appointment, within 15 days of the AGM.
  • BEN-2: The return of significant beneficial owners, where applicable.
  • DIR-3 KYC: The director KYC, now on a three-yearly cycle.

Who Must File

These filings apply to:

  • Every company registered under the Companies Act, 2013.
  • Companies changing their directors, office, capital, or charges.
  • Companies allotting shares or passing specified resolutions.
  • Companies with outstanding loans or dues to MSME suppliers.
  • Newly incorporated companies, for the commencement and related filings.

The MCA Portal and the Process

Event-based and periodic filings are made on the MCA V3 portal, each in its prescribed e-form with the relevant attachments, digitally signed by a director and, where required, certified by a practising professional. When an event occurs, a director changes, capital is increased, shares are allotted, a charge is created, the company identifies the correct form and files it within its time limit, usually 30 days. Periodic returns such as DPT-3 and MSME-1 are filed by their due dates. Each filing generates a Service Request Number as proof. Because the MCA portal blocks new filings if earlier ones are pending or a signing director’s DIN is deactivated, keeping all filings current is important.

Documents Required

For Event-Based Filings:

  • The board or shareholder resolution authorising the action.
  • The supporting documents for the specific change, such as the office proof for INC-22, the allotment details for PAS-3, or the charge deed for CHG-1, and the signatory’s Digital Signature Certificate.

For Periodic Filings:

  • The relevant data, such as outstanding loan figures for DPT-3 or MSME dues for MSME-1.

How a Filing Is Made

An MCA filing follows a clear sequence:

  1. Identify the event or periodic return that triggers a filing.
  2. Select the correct MCA e-form for it.
  3. Pass and attach any required board or shareholder resolution.
  4. Prepare the supporting documents for the form.
  5. Sign the form digitally and obtain professional certification where needed.
  6. File the form within its time limit, usually 30 days.
  7. Save the Service Request Number as proof.

Manage your MCA Filings with Samkhya

Managing your MCA filings with Samkhya Corporate Services is simple. Just follow these easy steps:

  • Tell us what changed: Share the event or return that needs filing.
  • We pick the right form: We identify the correct e-form and time limit.
  • Fill the form: Complete our online form and provide your records.

From there, our team prepares the resolutions, the form, and the filing within the deadline.

Staying on Top of Filings

To stay on top of MCA filings:

  • Track Events: Treat each corporate change as a filing trigger.
  • Meet the 30 Days: File most event-based forms within 30 days.
  • Diarise Periodic Returns: Note the dates for DPT-3, MSME-1, and others.
  • Keep DINs Active: Keep signing directors’ DINs active to avoid blocks.
  • File in Order: Clear any pending filings, as the portal enforces sequence.
  • Retain Proof: Keep the Service Request Numbers and filed forms.

Fees and Penalties

Each MCA e-form carries a government filing fee based on the company’s authorised capital, typically a few hundred rupees, with professional charges separate. The cost of delay, however, is significant: most event-based and periodic forms attract additional fees for late filing, frequently the same Rs. 100 per day that applies to the annual returns, and some carry their own penalties, MSME-1, for instance, can attract a penalty of around Rs. 20,000, and an unfiled INC-20A prevents the company from commencing business or borrowing. These filings are regulatory rather than tax, so no tax attaches to them, but they must be made on time to keep the company compliant and its records accurate, and to avoid the per-day fees that compound when forms are missed.

Common MCA Forms

Form Purpose Time Limit
DIR-12 Change of directors. 30 days.
INC-22 Change of office. 30 days.
SH-7 Increase of capital. 30 days.
PAS-3 Allotment of shares. 30 days.
CHG-1 Creation of charge. 30 days.
DPT-3 Return of deposits. By 30 June.

Frequently Asked Questions

What are other MCA filings?

They are the event-based and periodic filings a company makes beyond its annual AOC-4 and MGT-7, such as changes in directors, office, capital, or charges, and returns like deposits and MSME dues.

When are event-based forms due?

Most event-based forms, such as DIR-12, INC-22, SH-7, PAS-3, and CHG-1, are due within 30 days of the event.

What is DPT-3?

DPT-3 is the annual return of deposits and outstanding loans, filed by 30 June, and it captures not just public deposits but also loans from directors, shareholders, and others.

What is INC-20A?

INC-20A is the declaration of commencement of business that a new company must file within 180 days of incorporation before it can begin business or borrow.

What is the penalty for late filing?

Most forms attract additional fees for delay, often Rs. 100 per day, and some, such as MSME-1, carry their own penalties.

Why keep all filings current?

Because the MCA portal blocks new filings if earlier ones are pending or a signing director’s DIN is deactivated, and delays compound per-day fees.