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Agm due date

Ankit (Industrial Trainee) (26 Points)

23 June 2012

WHAT IS THE DUE DATE OF AGM?

FY 2009-10

AND IF AGM IS HELD ON 30.09.2010 THEN WHAT IS THE DUE DATE OF FILING ANNUAL RETURN?

IF ANNUAL RETURN IS NOT FILED FOR FY2009-10, IS THERE IS ANY DEFAULT???

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ARUN KUMAR MAITRA (Practicing Company Secretary) (1016 Points)
Replied 23 June 2012

AGM should be held in the earliest of the following dates:

· six months from the date of the close of the financial year.

· Within 15 months from last annual general meeting

· Last date of next calendar year.

However, Ro0C has the discretion to grant extension of time upto 3 months to hold the AGM on reasonable grounds.

RoC has power to launch prosecution against a company for delayed/non-filing of returns. In case of delayed filing, normal fee + additional fee shall be payable.

So based on above provisions of the Act, necessary actions have to be taken to comply with the same.

Annual Return is to be filed within 60 days from the date of AGM.

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CS. DISHA SHAH (Properitor of D. M. SHAH & CO. COMPANY SECRETARY) (394 Points)
Replied 25 June 2012

Hello Ankit,

Agree with Arun Kumar for the Due Date of AGM & prosecution,,

from ur question , i think u hv another query also that the time limit of filling Annual Return,

> Annual Return should be filled within 60 days of Date of AGM,,,

Khushboo Maheshwari (Company Secretary) (548 Points)
Replied 26 June 2012

Originally posted by : Ankit
	WHAT IS THE DUE DATE OF AGM? FY 2009-10 AND IF AGM IS HELD ON 30.09.2010 THEN WHAT IS THE DUE DATE OF FILING ANNUAL RETURN? IF ANNUAL RETURN IS NOT FILED FOR FY2009-10, IS THERE IS ANY DEFAULT???

In your case annual return should be filed in 60 days that is before 30.11.2010. Now if you file the return it would attract additional fees @ 9 times of the filing fees.

Further section 162 states the following in respect to annual return:

Penalty and interpretation.

162. (1) If a company fails to comply with any of the provisions contained in section 159, 160 or 161, the company, and every officer of the company who is in default, shall be punishable with fine which may extend to ⁸⁰[five hundred] rupees for every day during which the default continues.

(2) For the purposes of this section and sections 159, 160 and 161, the expressions “officer” and “director” shall include any person in accordance with whose directions or instructions the Board of directors of the company is accustomed to act.

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Also filing of annual return is necessary as non filing of annual return for continuously three years would disqualify the directors for being appointed as director in other companies

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