137. Copy of financial statement to be filed with Registrar
(1) A copy of the financial statements, including consolidated financial statement, if
any, along with all the documents which are required to be or attached to such financial
statements under this Act, duly adopted at the annual general meeting of the company, shall be
filed with the Registrar within thirty days of the date of annual general meeting in such
manner, with such fees or additional fees as may be prescribed within the time specified under
section 403:
Provided that where the financial statements under sub-section (1) are not adopted at
annual general meeting or adjourned annual general meeting, such unadopted financial
statements along with the required documents under sub-section (1) shall be filed with the
Registrar within thirty days of the date of annual general meeting and the Registrar shall take
them in his records as provisional till the financial statements are filed with him after their
adoption in the adjourned annual general meeting for that purpose:
Provided further that financial statements adopted in the adjourned annual general
meeting shall be filed with the Registrar within thirty days of the date of such adjourned
annual general meeting with such fees or such additional fees as may be prescribed within
the time specified under section 403:
Provided also that a One Person Company shall file a copy of the financial statements duly
adopted by its member, along with all the documents which are required to be attached to such
financial statements, within one hundred eighty days from the closure of the financial year:
Provided also that a company shall, along with its financial statements to be filed with
the Registrar, attach the accounts of its subsidiary or subsidiaries which have been
incorporated outside India and which have not established their place of business in India.
(2) Where the annual general meeting of a company for any year has not been held, the
financial statements along with the documents required to be attached under sub-section
(1), duly signed along with the statement of facts and reasons for not holding the annual
general meeting shall be filed with the Registrar within thirty days of the last date before
which the annual general meeting should have been held and in such manner, with such fees
or additional fees as may be prescribed within the time specified, under section 403.
(3) If a company fails to file the copy of the financial statements under sub-section (1)
or sub-section (2), as the case may be, before the expiry of the period specified in section 403,
the company shall be punishable with fine of one thousand rupees for every day during
which the failure continues but which shall not be more than ten lakh rupees, and the
managing director and the Chief Financial Officer of the company, if any, and, in the absence
of the managing director and the Chief Financial Officer, any other director who is charged by
the Board with the responsibility of complying with the provisions of this section, and, in the
absence of any such director, all the directors of the company, shall be punishable with
imprisonment for a term which may extend to six months or with fine which shall not be less
than one lakh rupees but which may extend to five lakh rupees, or with both.