What penalties apply for ROC filing defaults and how can delay be condoned?

Question

My company missed several years of ROC filings and I want to know the penalty exposure and whether the delay can be regularised. What I am unsure about is the procedure — where the application goes, what it costs, and how long roc penalty additional fees matters usually take. A plain explanation of the steps, in order, would help more than a general answer.

MyVakeel Legal Desk · Accepted Answer

The law that applies to roc penalty additional fees here is Companies Act 2013, Section 403, Companies Act 2013, Section 441 and Companies Act 2013, Section 460. The detail below matters, because Companies Act 2013, Section 403 draws the line differently depending on what your documents show.

Section 403 permits filing of most documents with the Registrar after the normal due date on payment of additional fees, calculated per day of delay, without prejudice to other consequences under the Act.

Prolonged non-filing beyond the additional fee window can attract prosecution of the company and officers in default under the specific penalty provisions attached to each filing requirement.

Section 441 allows compounding of offences that are punishable with fine only, or with fine or imprisonment, before the Regional Director or the Tribunal depending on the amount of fine involved.

Section 460 empowers the Central Government to condone delay in filing any document with the Registrar where the delay was for a good reason, on application in the prescribed form.

The Ministry of Corporate Affairs periodically announces Condonation of Delay Schemes for defaulting directors and companies to regularise pending filings and avoid disqualification consequences.

Practical steps: 1) Compile all pending ROC filings and compute applicable additional fees; 2) File overdue documents through the MCA portal at the earliest; 3) Apply for compounding under Section 441 if prosecution has already been initiated; 4) Check for an active Condonation of Delay Scheme to regularise director disqualification.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — remedies under Companies Act 2013, Section 403 carry limitation periods, and unexplained delay weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in corporate law.