ICSI request MCA to consider the extension of Last date of filing e-forms AOC-4, AOC-4 (XBRL) and MGT-7 without additional fees for such companies till 31st December, 2021.
The Institute Company Secretaries of India
October 26, 2021
Shri Rajesh Verma, IAS
Ministry of Corporate Affairs
Government of India
Dr. Rajendra Prasad Road
New Delhi -110001
Subject: Request for extension of time limit for annual filing of e-forms-reg.
This has reference to the provisions of the Companies Act, 2013 (hereinafter referred to as ‘the Act’) pertaining to the filing of e-forms to be made by companies on an annual basis. As per section 96(1) of the Act, every company is required to hold Annual General Meeting (AGM) within a period of six months from the date of closing of the financial year. However, third proviso to section 96(1) provides that, the Registrar of Companies may for special reason extend the time within which AGM shall be held by a period not exceeding three months.
In the matter of the above provisions, the Institute extends its heartfelt gratitude towards the Ministry for having considered the request favourably and advising the Registrar of companies for providing extension of time for holding AGM by companies for the financial year ended on 31.03.2021 under the third proviso to section 96(1) of the Act.
Further, as per Section 137(1), financial statements duly adopted at the AGM are required to be filed with the ROC within thirty days of the date of AGM and Every company shall file with the Registrar a copy of the annual return, within sixty days from the date on which the AGM is held, in terms of provisions of Section 92(4) of the Companies Act, 2013.
Sir, as you are kindly aware that the ongoing period is marked by host of filings under various laws; companies and professionals have been engaged in pursuing compliances under other regulatory regimes alongside those mandated under the Companies Act, 2013. In this regard, we wish to submit that despite all odds, many companies have already conducted their AGM but are facing practical and technical problems in filing their annual filings within the designated time period.
In light of the above, we request you to kindly consider the extension of Last date of filing e-forms AOC-4, AOC-4 (XBRL) and MGT-7 without additional fees for such companies till 31st December, 2021.
We shall be pleased to provide any further information in this regard on hearing from your goodself.
(CS Asish Mohan)
The Institute of Company Secretaries of India