MCA has introduced a form which is required to intimate MCA address of a place where the company maintains Books of Accounts if it is other than the registered office of the company and the form is AOC-5.

Companies are required to file a form AOC-5 under section 128.

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 the accrual basis and according to the double entry system of accounting 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 labor 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 7 days thereof, file with the Registrar a notice in writing giving the full address of that other place in form AOC-5.

Documents to be provided along with AOC-5

  • Address proof if rented or owned as per the case applicable,
  • Copy of Board resolution wherein a decision regarding address at which books of account are to be maintained has been taken is to be attached.

The eForm will be processed by the office of Registrar of Companies. On processing of the eForm, the details will be saved with MCA.

When an eForm is registered by the authority concerned, an acknowledgment of the same is sent to the user in the form of an to the email id of the company.

Fee Rules

S. No. Purpose Normal Fee Additional Fee          (Delay
Fee)
 
Logic for Additional Fees
Event Date Time limit(days) for filing
1. Notice of address at which       books      of account                  are
maintained
The               Companies (Registration of Offices and Fees) Rules, 2014 Date of passing the board resolution 7 days

Fees payable is subject to changes in pursuance of the Act or any rule or regulation made or notification issued thereunder.

The penalty for non-compliance of the above provision

  • Responsible persons for non-compliance like MD/WTD/CFO/Other can be imprisoned for a period up to 1 year, or
  • A minimum fine of INR 50,000 (Maximum INR 500,000), or
  • Both of the above penalties can be applicable at the same time.

Therefore, all companies which maintain books of accounts at any place in India other than registered office shall comply with any of the following options:

  • change its place of keeping books of accounts to registered office, or
  • keep its books of accounts and records at the actually registered office only, or
  • report the other address in India where books of accounts are maintained by filing Form AOC-5 at the earliest.
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Summary
Maintaining Books of accounts at Place other than Registered Office- Legal Provisions
Article Name
Maintaining Books of accounts at Place other than Registered Office- Legal Provisions
Description
On 17 Jan 2015, MCA has introduced a form which is required to intimate MCA address of a place where the company maintains Books of Accounts if it is other than the registered office of the company and the form is AOC-5.