Due date of AGM extended by 2 months



Quick Summary
The Ministry has announced a two-month extension for the Annual General Meeting (AGM) due date. This extension applies specifically to companies whose AGM deadline was originally set for 30th September 2021. The extended period is calculated based on Section 96(1) of the Companies Act, ensuring no more than a 15-month gap between AGMs. Importantly, no separate application via Form GNL-1 is required for this extension, and it covers pending, rejected, and partially approved GNL-1 applications.

Finally, the update for which we all were waiting is here. The Ministry has released an Office Memorandum on 23rd September, 2021 regarding the extension of due date of AGM by 2 months. Accordingly, the MCA has advised the ROCs to release order for their respective jurisdictions, providing for extension of due date of AGM by 2 months beyond the date by which companies are required to hold their AGM for the F.Y. 2020-21.

AGM Due Date Extended by 2 Months for Companies

Points of consideration

  1. The due date is not extended upto 30th November, 2021 for all Companies. It is only for those Companies whose due date of conducting AGM is 30th September, 2021.
  2. The period of 2 months is to be calculated keeping in view the provisions of Section 96(1), more specifically, the provision of maximum gap of 15 months between 2 AGMs.
  3. No such extension is provided for first AGMs.
  4. There's no need of filing form GNL-1 to seek extension of due date of AGM.
  5. This extension also covers:
  6. Pending applications filed in form GNL-1, which are yet to be approved.
  7. Rejected applications filed in form GNL-1.
  8. Approved applications filed in form GNL-1, where the extension was approved for a period of less than 2 months.
  9. This extension shall not apply to those Companies which have already received extension of more than 2 months.
 

Illustration

Company

Due date

Extended due date

A

30th September, 21

30th November, 21

B

25th September, 21

25th November, 21

C

21st September, 21

21st November, 21

 

Disclaimer: The author is based in Jabalpur and is a Practicing Company Secretary dealing in Corporate, Legal & Taxation services. The information contained in this write up, as provided by the author, is to provide a general guidance to the intended user. The information should not be used as a substitute for specific consultations. Author recommends that professional advice is sought before taking any action on specific issues.

The author can also be reached at cstanveersaluja@gmail.com.

FAQ :

The AGM due date has been extended by 2 months for eligible companies.

This extension is for companies whose original due date for holding their AGM was 30th September 2021.

No, there is no need to file Form GNL-1 to avail this extension.

No, this extension does not apply to the first AGMs of companies.

This extension shall not apply to companies that have already received an extension of more than 2 months.




About the Author

PCS at Tanveer Saluja & Associates

Practicing Company Secretary at Tanveer Saluja Associates

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