Section 403, Companies Act 2013 — Additional Fee for Late Filing

What the section does

• A document required to be submitted, filed, registered or recorded with the Registrar may be filed after the prescribed time on payment of an additional fee.
• That additional fee is ₹100 for every day the filing is delayed, and the section sets no ceiling on the total.
• The fee attaches to each form separately. MGT-7 and AOC-4 are distinct filings with distinct due dates, so a company late on both accrues two separate amounts at the same time.
• Continued default can carry further consequences for the company and its officers under the sections governing the particular filing, beyond the additional fee itself.

Additional fee

₹100 per day, per form. No upper limit. It stops accruing only when the form is filed.

Where people go wrong

• Assuming a cap exists. There is none, which is why dormant companies accumulate very large amounts over a few years.
• Counting one penalty for the year. Each late form runs its own clock.
• Believing a company with no revenue is exempt. Annual filings are owed whether or not the company has commenced operations.
• Waiting for a notice. The fee accrues by operation of the section, not on demand.

Common questions

What is the additional fee under section 403?

₹100 for every day of delay, per form, under section 403 of the Companies Act, 2013. There is no maximum, and the amount continues to grow until the document is actually filed.

Is there a cap on ROC late filing fees?

No. Section 403 prescribes ₹100 per day with no upper limit. This is why a company that has been dormant and unfiled for several years can face an amount far larger than owners expect.

Do the fees apply per form or per year?

Per form. MGT-7 and AOC-4 have separate due dates and separate clocks, so a company late on both is accruing two independent ₹100-per-day amounts simultaneously.

Act on this

• ROC late fee calculator
• What s.403 of the Companies Act does

• ROC late fee calculator
• What s.403 of the Companies Act does

About this summary

A plain-English summary of what this provision requires, not a reproduction of it and not legal advice. Read alongside the bare Act, and take advice on anything turning on your own facts.