AGM due date and file their financial statements and annual return every year

Admin | 6508 Views | 12 Sep 2019

Companies Act 2013, Rules, Notifications, eForms MCA, MCA,

Company registered under the Companies Act, 2013/Companies Act, 1956 or any other previous law need to file their financial statements and annual return every year. The provisions related to annual filing are as follows:

Due date Of AGM

Section 96
Annual general meeting

(1) Every company other than a One Person Company shall in each year hold in addition to any other meetings, a general meeting as its annual general meeting and shall specify the meeting as such in the notices calling it, and not more than fifteen months shall elapse between the date of one annual general meeting of a company and that of the next:

Provided that in case of the first annual general meeting, it shall be held within a period of nine months from the date of closing of the first financial year of the company and

In any other case (Subsequent AGM), within a period of six months, from the date of closing of the financial year:

Provided further that if a company holds its first annual general meeting as aforesaid, it shall not be necessary for the company to hold an annual general meeting in the year of its incorporation:
Provided also that the Registrar may, for any special reason, extend the time within which any annual general meeting, other than the First Annual General Meeting, shall be held, by a period not exceeding three months.

Particulars of Event	Date
Date of Incorporation	20.04.2015
Date of closing of the first financial year	31.03.2016
Due Date of 1st AGM (within 9 months from date of closing of the first financial year) [First proviso to Section 96(1)]	31.12.2016
Date of closing of the second financial year	31.03.2017
Due date of 2nd AGM (not more than 15 months from 1st AGM ) (suppose the 1st AGM was held on 20.06.2015) [Section 96(1)]	19.09.2017
Due date of 2nd AGM (within 6 months from date of closing of the second financial year) [First proviso to Section 96(1)]	30.09.2017
Due date of 2nd AGM shall be earlier of the above two	19.09.2017

Forms Due date Filing

e-Form	Section	Provisions	Time limit for filing
AOC-4	Section 129 and Section 137 read with Rule 12 of the Companies (Accounts) Rules, 2014	Every company needs to file its financial statements and mandatory attachments, via e-Form AOC-4 with the registrar of companies.	Within 30 days of date of AGM
AOC – 4 (CFS)	Section 129 and Section 137 read with Rule 6 and 12 of the Companies (Management and Administration) Rules, 2014	Where a company has one or more subsidiaries, it shall, in addition to its’ own financial statements, also prepare a consolidated financial statement of the company and of all the subsidiaries in the same form and manner as that of its own which shall also be laid before the annual general meeting of the company along with the laying of its financial statement. A copy of consolidated financial statements shall be filed with the Registrar of Companies via e-form AOC – 4 (CFS)	Within 30 days of date of AGM
AOC-4 (XBRL)	Section 129 and Section 137 read with Rule 12 of the Companies (Accounts) Rules, 2014 read with Companies (Filing of documents and forms in Extensible Business Reporting Language) Rules, 2015	Every Company (meeting any one or more of below criteria) : 1. Listed on a recognised stock exchange 2. Having paid-up capital of Rs. 5 cr or more 3. Having turnover of Rs. 100 cr or above 4. Covered under Companies (Filing of documents and forms in Extensible Business Reporting Language) Rules, 2011 is required to mandatorily file it’s financial statement in Extensible Business Reporting Language (XBRL) format via e-form AOC-4 (XBRL)	Within 30 days of date of AGM
MGT-7	Section 92(1) read with Rule 11 of Companies (Management and Administration) Rules, 2014	Every company shall prepare and file it’s annual return to the registrar of companies via e- form MGT – 7. The annual return, filed by a listed company or a company having paid-up share capital of ten crore rupees or more or turnover of fifty crore rupees or more, shall be certified by a Company Secretary in practice and the certificate shall be in Form No. MGT - 8	Within 60 days of date of AGM