Section 403 of the Companies Act, 2013
Section 403 of the Companies Act, 2013 deals with the fee for filing, etc., of documents or applications with the Registrar and the consequences of late filing.
⚖️ Bare Act Summary (as amended):
Section 403 – Fee for filing, etc.
Any document, return, statement, etc. required to be filed with the Registrar under this Act shall be filed within the time specified in the relevant section on payment of the prescribed fees.
If a company or person fails to file within the prescribed time, the document may still be filed after the due date:
On payment of additional fees as may be prescribed.
The company and officers shall be liable to the penalty or punishment under the relevant provision for the default.
Where a document is filed after the due date and additional fee is paid, such filing shall not relieve the company or the person from any other liability (such as penalty) under the Act.
💡 Key Points:
Filing on time only requires the normal fee.
Late filing attracts:
Additional fees (commonly per day of delay),
Penalties or prosecution, depending on the section breached.
This section applies to all filings – e.g., Annual Returns (MGT-7), Financial Statements (AOC-4), Resolutions (MGT-14), etc.
🧾 Example:
If a company is required to file its financial statements (AOC-4) within 30 days of the AGM but files after 60 days:
It must pay additional fees per day of delay (as prescribed in the Companies (Registration Offices and Fees) Rules).
It may also face penalty under Section 137.
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