First annual general meeting date

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

10 July 2013 Hi, A company is formed on 27/10/2011 and started its production activity from April 2012. Last by Last on which date company can/has to conduct its First annual General Meeting? Accordingly what will be the last date of Filing Annual returns with ROC?
Further please advice any penalty for Late return filing of Annual return is applicable or Not?

Ajay Mishra

Ajay Mishra (Expert)
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10 July 2013 Hi

TIME-LIMIT FOR HOLDING THE FIRST ANNUAL GENERAL MEETING
A new company which is registered under the Act, shall hold its first annual general meeting latest within a period of eighteen months from the date of its incorporation, namely, the date on which the Registrar has issued the certificate of incorporation to the company. If the first annual general meeting is so held, it is not necessary for the company to hold another annual general meeting in the year of its incorporation or in the following year. It may also be noted in this connection that the accounts placed before the first annual general meeting shall be for the period beginning from the date of incorporation and ending on a day of financial year, which will not precede the first annual general meeting by more than nine months from the close of the first financial year of the company — section 210(3). This may be illustrated by the following example:
Date of incorporation of company 23-10-2010
Date by which the first annual general meeting ought to be held 22-04-2012
The holding of the first annual general meeting shall comply with the following criteria of the Act:—
(i) The gap between the last date of the accounting period and the meeting shall not exceed 9 months, and
(ii) The second annual general meeting shall be held during the third year of incorporation.
Therefore, in the above example assuming that the first accounts shall be for the period from
23-10-2010 to 31-3-2012
The first AGM was to be held on or before (within a gap of nine months) 31-12-2011
The accounts for next period will end on 31-03-2012
The second AGM will be held on or before (namely the third year after incorporation) 30-09-2012
In the above example, since it was proposed to close the first accounts as on 31-03-2011, the first annual general meeting could be held before 31-12-2011 and the second annual general meeting could be held during the third year of incorporation.
As explained above there is no need to hold annual general meeting in the first calendar year of its incorporation, i.e. 2010

Ajay Mishra

Ajay Mishra (Expert)
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10 July 2013 TIME-LIMIT FOR HOLDING SUBSEQUENT ANNUAL GENERAL MEETINGS
As mentioned above, every company shall hold every year an annual general meeting and ordinarily there shall not be a gap of more than fifteen months between two such meetings. Further that in terms of the provisions of section 210 an annual general meeting shall be held within a period of six months from the end of the financial year whose accounts are proposed to be considered at the said annual general meeting. Accordingly, it is the rule that a company whose financial year ends on 31st March, shall hold its annual general meeting by 30th September every year.

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Ajay Mishra

Ajay Mishra (Expert)
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10 July 2013 For ROC fee, go to the following link, it may help you:

https://www.caclubindia.com/forum/details.asp?mod_id=116243