AGM Date error in AOC 4

Rama chary Rachakonda (Master in Accounts & Lawyer email ID:ramachary64@gmail.com voice no:9989324294) (5122 Points)
Replied 15 October 2024

So, you're unable to change the due date for the AGM in AOC-4, and you're wondering what to do next ¹. Here's the thing: you can't actually change the due date in AOC-4, but you can change it to 30/10 in MGT-7A and file it ¹. However, there are some potential consequences to consider. If you don't file MGT-7A within the 60-day deadline, you'll face a penalty of Rs. 100 for each day of delay ¹. Plus, there's an additional daily fine of Rs. 1,000 for not filing AOC-4 within the 30-day deadline ¹. And if you're late with both filings, the penalties can add up quickly! To avoid all that, you could try filing MGT-7A with the correct due date of 30/9, and then file AOC-4 with the same due date ¹. That way, you'll avoid any potential penalties.

Lila (Job) (512 Points)
Replied 15 October 2024

System is giving an error while filing MGT-7A that due date is different from AOC-4. So can't file it with 30/9 as due date.

AOC-4 has been filed and approved. Supposingly, we file MGT-7A with due date as 30/10, what could be the consequences. Can penalty be levied even if both has been filed within 30 / 60 days but with incorrect AGM due date.

Rama chary Rachakonda (Master in Accounts & Lawyer email ID:ramachary64@gmail.com voice no:9989324294) (5122 Points)
Replied 15 October 2024

If you file MGT-7A with a due date of 30/10, despite AOC-4 having a different due date, there could be consequences: 1. _Penalty_: Yes, a penalty can be levied even if both forms are filed within the prescribed timeframe (30/60 days) but with an incorrect AGM due date. The penalty for filing MGT-7A with an incorrect due date can range from Rs. 10,000 to Rs. 1,00,000. 2. _Rejection of MGT-7A_: The system might reject MGT-7A due to the inconsistency in due dates, which could lead to further delays and complications. 3. _Scrutiny and inquiry_: The Registrar of Companies (RoC) might scrutinize your company's filings and initiate an inquiry due to the discrepancy. 4. _Additional fees and expenses_: You may need to pay additional fees for rectifying the error and filing corrected forms. 5. _Impact on company's image_: Inaccurate filings can tarnish your company's reputation and raise concerns about its compliance and governance practices. To avoid these consequences, consider the following options: 1. _Rectify AOC-4_: If possible, file a revised AOC-4 with the correct AGM due date. 2. _File MGT-7A with correct due date_: If AOC-4 cannot be revised, file MGT-7A with the correct AGM due date (30/9) and attach a covering letter explaining the discrepancy.

Lila (Job) (512 Points)
Replied 15 October 2024

Is it possible to file MGT-7A with a different AGM due date than AOC-4. We tried uploading but the form is not getting uploaded and showing an error that due date is not matching with AOC-4. Can you explain how to file MGT-7A with a due date different from AOC-4

Rama chary Rachakonda (Master in Accounts & Lawyer email ID:ramachary64@gmail.com voice no:9989324294) (5122 Points)
Replied 15 October 2024

Filing MGT-7A with a due date different from AOC-4 can be a bit tricky, but I'll break it down step by step. Please note that this is a general guide and may vary depending on your specific situation. *Step 1: Prepare MGT-7A* - Fill out the MGT-7A form with the correct information, including the due date for the AGM (which is different from AOC-4). - Ensure you have all required attachments and documents. *Step 2: Attach a covering letter* - Explain the reason for the discrepancy in due dates between MGT-7A and AOC-4. - Provide a clear justification for filing MGT-7A with a different due date. *Step 3: File MGT-7A* - Upload the prepared MGT-7A form and covering letter on the MCA portal. - Pay the required fees and submit the form. *Step 4: Receive approval* - The MCA will review your submission and may raise queries or concerns. - Respond promptly to any queries and provide additional information if required. *Step 5: File AOC-4 (if not already filed)* - If you haven't already filed AOC-4, do so within the prescribed timeframe (30 days from the AGM date). - Ensure AOC-4 reflects the correct due date for the AGM (which is different from MGT-7A).

nova cipher (2 Points)
Replied 24 October 2024

I am facing the same situation, i have filied AOC 4 but the due date of agm was wrongly entered, i could not file mgt 7A as when i press presrutiny it shows error that " should enter agm due date mentioned in aoc 4 (already filied). i have specified that there is no extension of agm (in checkbox close to due date entered).
Can i file mgt 7A with wrong date and attach a file mentioning the reason for dfference in due date?