How to Calculate MCA Late Fee for Companies?
Under Section 403 of the Companies Act, 2013, companies that miss standard deadlines face daily late fees. For annual returns (Form MGT-7/7A) and financial statements (Form AOC-4), the Ministry of Corporate Affairs (MCA) charges a flat additional fee of ₹100 per day. This fee accumulates indefinitely until the form is successfully uploaded to the MCA V3 portal.
For other non-annual filings like DIR-12 or MGT-14, a time-slab multiplier applies to the normal fee, ranging from 2× up to 12×. If a company defaults on forms like PAS-3 or INC-22 twice within a 365-day window, a higher additional fee of 18× the normal fee is triggered.
What is the ROC Penalty for Non-Filing MGT-7 and AOC-4?
It is critical to distinguish between portal late fees and ROC adjudication penalties. While late fees are paid automatically upon filing a delayed form, the Registrar of Companies (ROC) can initiate separate legal adjudication proceedings for non-compliance under Section 92(5) and Section 137(3).
For MGT-7 (Section 92(5)), the statutory adjudication penalty starts at ₹10,000 fixed, with a continuing default rate of ₹100/day, capped at ₹2,00,000 for the company and ₹50,000 for each officer in default. For AOC-4 (Section 137(3)), the post-2019 amendment penalty is also ₹10,000 fixed + ₹100/day, capped at ₹2,00,000 for the company and ₹50,000 per officer in default — the earlier higher figures were revised as part of the Companies (Amendment) Act 2019 decriminalization exercise.
Section 446B — Relief for Small Companies
Under Section 446B of the Companies Act, 2013, the government provides significant compliance relief for Small Companies, One Person Companies (OPCs), and Startups. If these entities default, all statutory penalties under the Act are capped at 50% of the standard penalty amounts. The calculator applies this relief automatically when selecting "Small Company" or "OPC" as the company type.
Section 403 Penalty Calculator & Forms Summary
| Form ID | Description | Governing Section | Portal Late Fee Type |
|---|---|---|---|
| MGT-7 / 7A | Company Annual Return | Section 92 | ₹100 / Day |
| AOC-4 | Financial Statements Filing | Section 137 | ₹100 / Day |
| DIR-3 KYC | Director Annual KYC Update | Rule 12A | ₹5,000 Flat |
| PAS-3 / INC-22 | Allotment / Registered Office changes | Sections 39 / 12 | Time Slab (Up to 18x repeat) |