The Registrar of Companies (ROC) vide its order dated 8th September, 2020 extended the time for holding Annual General Meeting (AGM) of the companies by a period of 3 months from the due date by which the AGM ought to have been held for the financial year ended 31st March, 2020 i.e. 30th September, 2020. Earlier, the MCA had directed companies to make application for seeking specific extension for holding their AGM beyond 30th September, 2020, however, by this order, a general extension has been granted to all companies whose financial year ended on 31st March, 2020.
FAQs on the extension of due date of holding AGM:
1. Will the Registrar’s order also apply to a company that has its first AGM this year?
Answer: No, the due date for such companies is 31st December, 2020
2. Whether the Companies are required to file any form with the ROC for the FY 2019-20 for the extension of the AGM?
Answer: As per the general relaxation given by the ROC under the MCA guidance for the FY 2019-20, there is no obligation to file any form with the ROC for the extension of the AGM.
3. What will be the extended due date of AGM, if the last AGM was held on 30th September, 2019?
Answer: 31st December, 2020.
4. What will be the extended due date of AGM, if the last AGM was held on 15th June, 2019?
Answer: The gap between two AGMs cannot be more than 15 months, which will end on 15th September, 2020. So, after the extension of 3 months, the extended due date will be 15th December, 2020.
5. If a company has already taken the extension for two months from ROC, whether such company take advantage of ROC Order and extend its AGM by 3 months?
6. Whether the financial statements of the Companies can be signed after September 30, 2020, due to the extension of the AGM?
Answer: As per Company Law, Companies are required to approve the financial statements in the AGM. If the Company holds the AGM on any date after September 30, 2020, then in such cases the Financial statements can also be signed on or after September 30, 2020.
7. What shall be the due date of filing of AOC-4 for the FY 2019-20, if the date of AGM is December 31, 2020?
Answer: In this case, the due date for filing of AOC-4 shall be January 30, 2021.
8. What shall be the due date of filing of MGT-7 for FY 2019-20, if the date of AGM is December 31, 2020?
Answer: In this case, the due date for filing of MGT-7 shall be March 01, 2021.