AGM due date for the Financial Year ended 31.03.2020 has been extended by 3 Months for all companies

A major relief has been granted by MCA by way of granting extension of 3 months for holding annual general meeting and hence Companies with AGM due date as 30.09.2020 can conduct their AGM by 31.12.2020. But If Company’s AGM due date falls on 1st September then it can held AGM by 1st December. There is no need of separate application in form GNL-1 for extension.

Please note below order is issued by Office of the Registrar of Companies, Pune and same is applicable to Companies falling in his Jurisdiction but similar orders are issued by all  Offices of the Registrar of Companies in India and you can check the same with office of the Registrar of Companies in which Jurisdiction your company falls.

You may also Check AGM Extension Orders at the below MCA Link, which is specially created and we can expect all orders at below link in a day or two-

http://www.mca.gov.in/MinistryV2/extensionofagm.html

MCA Pune

ROC/P/Sec 96/2020/414 Dated 08 Sep 2020

Order

Extension of time for holding of Annual General Meeting (AGM) for the financial year ended on 31.03.2020

1. WHEREAS Sub-section (1) of Section 96 of the Companies Act, 2013 (the Act) provides inter-alia, that every company, other than a One Person Company, shall in each year hold in addition to any other meetings, a general meeting as its annual general meeting (AGM) and shall specify the meeting as such in the notices calling it, and not more than fifteen months shall elapse between the date of one AGM of a company and that of the next;

2. And WHEREAS, the first proviso to sub-section (1) of Section 96 of the Act provides that in case of the first AGM, it shall be held within a period of nine months from the date of closing of the first financial year of the company and in any other case, within a period of six months, from the date of closing of the financial year;

3. And WHEREAS; the third proviso to Section 96(1) of the Act provides that the Registrar may, for any special reason, extend the time within which any annual general meeting, other than the first annual general meeting, shall be held, by a period not exceeding three months;

4. And WHEREAS, various representations have been received from the companies, Industry bodies and Professional Institutes pointing out that several companies are finding it difficult to hold their AGM for the financial year ended on 31.03.2020 due to the difficulties faced in view of the Covid-19 Pandemic;

5. And WHEREAS, the representation have been considered and the undersigned is of the considered opinion that due to such unprecedented special reasons, the time within which the AGM for the financial year ended on 31.03.2020 is required to be held as per provisions of sub-section (1) of Section 96 ought to be extended in terms of the third proviso to Section 96(1);

6. Now, therefore, in terms of power vested with the undersigned under the third proviso to sub-Section (1) of Section 96 of the Act, I hereby extend the time to hold the AGM, other than the first AGM, for the financial year ended on 31.03.2020 for companies within the jurisdiction of this office, which are unable to hold their AGM for such period within the due date of holding the AGM by a period of three months from the due date by which the AGM ought to have been held in accordance with the provisions of sub-section (1) of Section 96 of the Act, without requiring the companies to file applications for seeking such extension by filing the prescribed Form GNL-1.

Explanation: It is hereby clarified that the extension granted under this Order shall also cover all the pending applications filed in Form No. GNL-1 for the extension of AGM for the financial year ended on 31.03.2020, which are yet to be approved;

Where the approval for extension of AGM upto 3 months from the due date of the AGM shall be deemed to have been granted by the undersigned without any further action on the part of the company.

(MANGESH ADHAV)

REGISTRAR OF COMPANIES,

MAHARASHTRA, PUNE

Place: Pune

Date: 08.09.2020

Download Copy of Order

More Under Company Law

15 Comments

  1. Dilip kumar choudhary says:

    Extension is for 3 months not till 31.12.2020.

    Please read the section carefully. If any company had conducted its AGM in 2019 on 1st july 2019 then with the extension the company has time to conduct AGM for fy. 2019-2020 to 1st october 2020 not 31.12.2020.

  2. Ambika says:

    Last date for holding Agm is within a period of six months from closing of financial year., i.e 30th September.
    Please Read Sec.96 Companies Act 2013.

  3. Vijay Kumar says:

    Dear Concerned,
    Kindly Clarify that the order of ROC of Maharastra & Pune is applicable on every Company of India or is only applicable on the Companies situated at Maharastra and Pune region???

  4. Dhaval Gusani says:

    Due date is not extended till 31st December. Only extension for 3 months from due date. Suppose, Company’s AGM due date falls on 1st September then it can held AGM by 1st December

  5. sandeep says:

    The header ‘AGM due date extended till 31.12.2020 for all companies” is incorrect as the orders are being passed by ROC of respective states. This order is for companies falling in jurisdiction of ROC -Pune (refer para 6 of order). Similar orders have been released today by ROC, Mumbai Gujrat-Daman and Diu. There are few other states who has also released such order.

  6. Pallavi Viraj Salunke says:

    Please note it is not blanket exemption till 31st December – It is 3 months from the due date of AGM – so need ti check for each company

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