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Keeping Books of Account and Papers at Address other than Registered office | AOC-5
Keeping Books of Account and Papers at Address other than Registered office | AOC-5
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Keeping Books of Account and Papers at Address other than Registered office | AOC-5. The first proviso to sub-section (1) of Section 128 of the Companies Act, 2013 requires a company to file a notice in AOC-5 with the Registrar of Companies if it decides to keep all or any of its books of account and other relevant papers at a place other than its registered office. Under Section 128 of the Companies Act, 2013 requires every company to maintain proper books of account and financial statements at their registered office or any other place in India as decided by the Board of Directors. The form AOC-5 is a notice to ROC, requires the company to provide details such as the name of the company, the full address of the other place where the books of account will be kept, the financial year to which it applies, and the reasons for keeping the books of account at that place. The form must be filed within 7 days of the Board's decision to keep the books of account at a different place. Along with this form, a copy of the Board resolution wherein a decision regarding the address at which the books of account are to be maintained has been taken must also be attached. This is to ensure that the Registrar of Companies has a record of the decision taken by the Board of Directors regarding the maintenance of books of account at a different address. AOC-5 Form is digitally signed by the Director, Manager, CEO, CFO or Company Secretary. Books of account in electronic mode The company may also keep these books of account in electronic mode and shall remain accessible in India, at all times and Manner of Books of Account to be Kept in Electronic Mode- »The books of account and other relevant books and papers should be retained in the format in which they were originally generated or received. The information contained in electronic records should remain complete and unaltered. » The information received from branch offices should not be altered and should be kept in a manner that depicts the original information. » The electronic records should be capable of being displayed in a legible form. » The company should have a proper system for storage, retrieval, display or printout of the electronic records, as deemed appropriate by the Audit Committee or the Board. »The back-up of the electronic books of account and other books and papers, including those maintained outside India, should be kept on servers physically located in India on a daily basis. » The company should annually in form AOC-4, intimate the Registrar of Companies about the name of the service provider, internet protocol address of the service provider, location of the service provider (if applicable), and the address provided by the service provider in case the books of account and other books and papers are maintained on cloud. Note: For the purposes of this rule, the expression "electronic mode" includes "electronic form" as defined in clause (r) of sub-section (1) of section 2 of Information Technology Act, 2000 (21 of 2000) and also includes an electronic record as defined in clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000) and "books of account " shall have the meaning assigned to it under the Act. Maintain the Records The books of account of every company shall be preserved for a period of not less than eight financial years immediately preceding the current financial year. If the company has been in existence for less than eight years, then the books of account shall be kept for the entire period of its existence. The books of account shall be kept in good order and shall include vouchers relevant to any entry in the books. Audit Trail Requirements- For the financial year commencing on or after the 1st day of April, 2023 onwards, all companies are mandated to use accounting software that records an audit trail of each and every transaction and creates an edit log of each change made in the books of account along with the date when such changes were made. Additionally, the software must ensure that the audit trail cannot be disabled. This provision is aimed at enhancing transparency and accountability in the financial reporting of companies and to prevent any fraudulent or unauthorized changes in the books of account. By requiring the use of accounting software with these features, the government aims to improve the quality of financial reporting and make it easier for regulators and auditors to detect any irregularities in the books of account. Books of account in case of Branch Office of the Company- » In case the company has a branch office in India or outside India, it must maintain proper books of account at the branch office and periodically send summarized returns to the registered office. These books must accurately reflect the company's financial status and transactions for each financial year and must be prepared according to the accrual basis and double-entry system of accounting. » The books of account must be open for inspection during business hours by any director at the registered office or any other place in India. If any financial information is maintained outside the country, copies of such information must be maintained and produced for inspection subject to the prescribed conditions. » The books of account for a minimum of eight financial years preceding the current financial year or all preceding years if the company has been in existence for less than eight years, along with relevant vouchers, must be kept in good order. If an investigation has been ordered under Chapter XIV, the Central Government may direct the books of account to be kept for a longer period. Approval by MCA- Once the eForm AOC-5 is filed with the Registrar of Companies, it will be processed by the office of the Registrar of Companies (Non STP). The details provided in the form will be verified and checked for accuracy and completeness. If any discrepancies or errors are found, the Registrar may issue a notice to the company for rectification or clarification. Once the form is processed and accepted, the details will be saved with the Ministry of Corporate Affairs (MCA) database. The information provided in the form will be available for public access through the MCA portal. The company can also access its own information by logging in to the MCA portal using its login credentials. Once an AOC-5 is registered by the authority, an acknowledgement of the same is sent to the user in the form of an email. The email contains details of the AOC-5 that has been registered, including the SRN (Service Request Number) of the form, which is a unique identification number for that particular form. The email also contains the date and time of registration, the name of the company, and other relevant details. This email serves as proof of submission and registration of the e-Form and should be kept safely for future reference. Master data will also get updated with the new address. Fees and payment on AOC-5 The applicable fee for filing AOC-5 form with the Registrar of Companies (ROC) would depend on the authorized capital of the company. The fee structure is as follows:- Penalty for Contravention of non-filing of AOC-5 in case, book of accounts ae kept at other than registered office place and not intimated to ROC welcome to non-compliance and in that case the designated individual responsible for compliance, such as the Managing Director or CFO, may be held liable for a penalty of up to INR 5 lakhs or imprisonment for a term that may extend up to one year, or both.
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Start Your Business
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Public Company Registration
OPC Pvt Ltd Registration
LLP Firm Registration
Section 8 Company Registration
Nidhi Company Registration
Insurance Company Registration
NBFC Company Registration
Producer Company Registration
Foreign Subsidiary Registration
Foreign Branch Office
Foreign Liaison Office
Foreign Project Office
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Proprietorship Firm Registration
Partnership Firm Registration
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GST Registration
MSME Registration(UDYAM)
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Virtual Office Service
Due Diligence of Company
Business Development
Protect Your Business
Trademark Registration
Trademark Objection
Trademark Hearing
Trademark Opposition
Trademark Infringement
Trademark Renewal
Trademark Assignment
Trademark Withdrawal
Trademark Monitoring
Logo Design Service
Copyright Registration
Patent Registration
Exit Your Business
Close Company
Fast Track
Close LLP
Close Firm
GST Cancellation
Change Services
Change Company Name
Change LLP Name
Change Company Object
Change LLP Object
Increase Authorised Capital
Increase Paid-up Capital
Increase LLP Capital
Transfer of Shares
Alteration in MoA & AoA
Resignation of Auditor
Appointment of Director
Resignation of Director
Change in Designation of Director
Shifting Registered Office of Company
Shifting Registered Office of LLP
Dormant Status of Company
Mandatory Compliances
Appoinment of Auditor
Annual Filings of Company
Annual Filings of LLP
Annual DIN/DPIN KYC
Annual Return of Deposits
Half Yearly MSME Return
Statutory Registers & Minutes
XBRL Filing of Companies
eStamping of Share Certificates
Dematerialisation of Shares
RBI FEMA Compliance
GST Returns Filing
ESI-EPF Returns Filing
TDS Returns Filing
Change in Structure
Proprietorship to OPC
OPC to Private Limited
Private Limited to OPC
LLP to Private Limited
Private Limited to LLP
Partnership Firm to LLP
Private Limited to Public Company
Public Company to Private Limited
Trust/Society to Section 8 Company
Existing Company to Section 8
Existing Section 8 to Company
Services
Accounting & Book Keeping
GST Compliance
Valuation Services
Corporate Litigation
Company Law Advisory
Services For Banks
Drafting & Vetting Services
Startups Funding
Business Loans
Get in Touch
NBFC
NBFC Company Registration
NBFC Micro-Finance Registration
NBFC P2P Lending Registration
NBFC Core Investment Company
NBFC ROC Compliance
NBFC RBI Compliance
NBFC License Restoration
NBFC Business Plan
NBFC Acquisition
NBFC Consultancy
NBFC Compliance Calendar
NBFC Independent Director
ISO
ISO 9001:2015
ISO 14001:2015
ISO 13485:2016
OHSAS 18001:2007
HACCP Certification
CE Marking
GMP Certification
CMMI Level 3 Certification
ISO 22000:2005
ISO 27001:2013
FSSAI
FSSAI Registration
FSSAI State License
FSSAI Central License
FSSAI Registration Renewal
FSSAI License Renewal
FSSAI Returns Filing
FSSAI Compliances
FSSAI Consultancy
ITR
Salaried Person
Firms/LLPs
Companies
NGOs
Income Tax Notice
Income Tax Planning
Income Tax Litigation
Charity
Section 8 Company
Trust Registration
Society Registration
80G & 12A Registration
FCRA Registration
NITI Ayog Registration
CSR-1 Registration
CSR 2 Report
CSR Services
NGO Consultancy
NGO Handholding
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Partnership
Angel Investors
Venture Capitalists
Co-Working Spaces
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Incubation Centres
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Software Companies
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Press & Media Houses
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Other Startup Enablers
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