Section 2(41) of Companies Act, 2013-

‘Financial Year’ for any company or body corporate is –

1. a period ending on the 31st day of March every year.

(not need to be 12 months for counting One financial Year.)

2. If Company incorporated on or after the 1st day of January of a year-

period ending on the 31st day of March of the following year

Financial Year | Section 2(41) | Companies Act, 2013

Example:

  • Company incorporated on 01/07/2020 or 01/12/2020 or 10/11/2020 etc. , Financial year will end on 31/03/2021.
  • Company Incorporated on 02/02/2021 or 01/01/2021 or 11/03/2021 Financial year will end on 31/03/2022.

Provisions are provided if company wants to follow different financial year :

A company or body corporate can follow different financial year only if it is

  • Holding Company or
  • Subsidiary or
  • Associate Company
  • of a company incorporated outside India and

is required to follow a different financial year for consolidation of its accounts outside India.

Approval Authority:

Regional director As per Rule 40 of Companies Incorporation rules,2014

*Authority can allow any period as its financial year, whether or not that period is a year.

Procedure:

Application in Form No.RD-1 to concerned Regional Director.

Attachments:

(a) grounds and reasons for the application;

(b) a copy of the minutes of the board meeting at which the resolution authorising such change was passed, giving details of the number of votes cast in favour and or against the resolution;

(c) Power of Attorney or Memorandum of Appearance, as the case may be;

(d) details of any previous application made within last five years for change in financial year and outcome thereof along with copy of order

After examining the application,

  • Rd may ask further information , or finds such application to be defective or incomplete in any respect, on the last intimated e-mail address of the person or the company, which has filed such application
  • directing the person or the company to furnish such information, or to rectify defects or incompleteness and to re-submit such application .
  • within a period of fifteen days,
  • in e-Form No. RD-GNL-S.

Maximum of Two Re-Submissions shall be allowed.

In case information asked by RD is not provided within specified time then,

  • the Regional Director shall reject the application with reasons within thirty days from the date of filing application or
  • within thirty days from the date of last re-submission made as the case may be.

In case where the application is found to be in order,

Regional Director shall allow and convey the order within thirty days from the date of application or within thirty days from the date of last re-submission, as the case may be.

Deemed Approval:

  • Where no order for approval or re-submission or rejection has been explicitly made by the Regional Director within the stipulated time of thirty days,
  • it shall be deemed that the application stands approved and an approval order shall be automatically issued to the applicant.

Need to Inform Registrar

Author Bio

Qualification: CS
Company: N/A
Location: LUCKNOW, Uttar Pradesh, India
Member Since: 23 Sep 2021 | Total Posts: 1

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