Mca_agm date query

Mridula (CHARTERED ACCOUNTANT) (65 Points)

26 May 2017  

Dear All,

A private limited company has got its Audited Balance Sheet signed after the due date of AGM, i.e., the Balance Sheet Date is after 30th September. But, as per Companies Act, the due date for holding an AGM is 30th Sept., and the company has to lay its annual accounts before the shareholders at the AGM.

Further, the company is done with its Income Tax Filings. Now, when it is trying to file Form AOC-4 with ROC what date should be given as the AGM Date (no extension taken).

Can the Company file its Form AOC-4 with Unadopted Financial Statements and then with Adopted Financial Statements at the adjourned AGM?