FORM C – Annual return of companies in case there is no change of particulars since last annual return filed with the registrar
Section 130 (5) Nothing in this section shall apply to a company, in case there is no change of particulars in the last annual return filed with the registrar:
Provided that a company, other than a single member company or a private company having paid up capital of not more than three million rupees, shall inform the registrar in a specified manner that there is no change of particulars in the last annual return filed with the registrar.
Illustration: If Company is single member company or a private company having paid up capital of not more than three million rupees who has filed annual return and there is no change in particulars of a company has no need to file FORM C.
This is the declaration of Form C of Companies General Forms And Provisions 2018.
Declaration:
I do hereby solemnly and sincerely declare that:
(i) AGM of the company has been held on the date given above in accordance with the provisions of the Companies Act.
(ii) since there is no change in particulars of annual return which was filed with the registrar as per date given above, therefore, filing of annual return for the current financial year is not required as per law.
I further declare that the information provided in the form is:
(iii) true and correct to the best of my knowledge, in consonance with the record as maintained by the
Company and nothing has been concealed; and
(vi) hereby reported after complying with and fulfilling all requirements under the relevant provisions of law, rules, regulations, directives, circulars and notifications whichever is applicable.
Section 130 (6) of Companies Act 2017
Any contravention or default in complying with requirement of this section shall be an offence liable
(a) in case of a listed company, to a penalty of level 2 on the standard scale; and
(b) in case of any other company, to a penalty of level 1 on the standard scale.
Section 132 (4) of Companies Act 2017
“Nothing in this section shall apply to single member company”.
It means that there is no requirement of reporting AGM Of SMC to SECP. Therefore, no need to file Form C in case of Single Member Company regardless of whatever paid up capital of the company is. Moreover, its mandatory to file Form C even your capital is below 3 Million because as per section 132(1) of Companies Act 2017.