MCA introduces e-Form AOC – 5 for intimating place of maintenance of books of accounts w.e.f. January 17,2015.

According to Section 128 of the Companies Act, 2013 every company shall prepare and keep at its registered office books of account and other relevant books and papers and financial statement for every financial year which give a true and fair view of the state of the affairs of the company, including that of its branch office or offices, if any, and explain the transactions effected both at the registered office and its branches and such books shall be kept on accrual basis and according to the double entry system of accounting.

Every company must keep proper books of account with respect to:

• All sums of money received and expended by the company and the matters in respect of which the receipt and expenditure take place;
• All sales and purchases of goods by the company;
• The assets and liabilities of the company; and
• In the case of a company engaged in production, processing, manufacturing or mining activities, such particulars relating to utilization of material or labour or other items of cost as may be prescribed by the Central Government, provided the Central Government so directs to any such class of companies or any particular company.

Provided that all or any of the books of account aforesaid and other relevant papers may be kept at such other place in India as the Board of Directors may decide and where such a decision is taken, the company shall, within seven days thereof, file with the Registrar a notice in writing giving the full address of that other place.

If the Board of Directors decides by passing the resolution to keep all or any of the books of account at any other place in India besides the registered office then, the company shall, within seven days of passing the Board Resolution, file this form giving full address of that other place in form AOC-5.

FORM FILING FEES:

The Companies (Registration of offices and Fees) Rules, 2014

1. In case of Company having share capital Nominal Share Capital Fee applicable
Less than 1,00,000 Rupees 200 per document
1,00,000 to 4,99,999 Rupees 300 per document
5,00,000 to 24,99,999 Rupees 400 per document
25,00,000 to 99,99,999 Rupees 500 per document
1,00,00,000 or more Rupees 600 per document
In case of company not have share capital : Fee applicable is Rupees 200 per document

ATTACHMENT TO FORM :

Copy of Board resolution wherein a decision regarding address at which books of account are to be maintained has been taken.

Upon Late Filing

Additional fee rules Period of delays All forms
Up to 30 days 2 times of normal fees
More than 30 days and up to 60 days 4 times of normal fees
More than 60 days and up to 90 days 6 times of normal fees
More than 90 days and up to 180 days 10 times of normal fees
More than 180 days 12 times of normal fees