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Due date of AGM 2020

Amit (CA Practice ) (107 Points)

01 November 2020

If The last AGM of a Company was held on 02.07.2019 and now the date of closing of Accounting year is 31.03.2020.What should be the due date ( in light of extension by ROCs)of next AGM , Should it be 01.10.2020 or 31.12.2020 ?

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3 Replies

Amit (CA Practice ) (107 Points)
Replied 01 November 2020

Sir, if this 15 months time has been icreased by general orders ofa all ROCs ? And for financial year ended 31.03.2020 it should be taken as 18 months ?

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pritesh (delhi) (720 Points)
Replied 04 November 2020

No it should be in the limit of 15 months and no roc have power to extend the meeting beyond 15 months

Amit (CA Practice ) (107 Points)
Replied 04 November 2020

Third Proviso to Section 96(1) provides that the Registrar may , for any special reason, extend the time withinn which any annual general meeting ,shall be held, by a period not exceending three months. It appears to mean that the Registrar has the power to extend the due date of AGM which is earlier of elapse of

1. 15 months from previous AGM and

2. Six months from the date of closing of the Financial year.

Nowhere it appears to imply that registrar does not have power to extend the meeting beyond 15 months. Even orders/circulars of Registrar issued recently for general extension mention due date . Kindly clarify.