Impact of AGM extension on various other forms



Quick Summary
This article clarifies the impact of an Annual General Meeting (AGM) extension on various company filings. It explains that general AGM extensions do not affect One Person Companies (OPCs) as they are not required to hold AGMs. The filing due dates for OPCs' AOC-4 and MGT-7A remain unchanged. Similarly, the extension does not apply to Limited Liability Partnerships (LLPs) or their LLP-8 filings, nor does it impact the due dates for DIR-3KYC or FC-3 (Annual Account of Foreign Company) as these are not linked to AGM dates.

Short Summary

In this series of editorial, the author shall discuss the Quick bites on Annual Filing for the F. Y. 2020-21.

After receiving copious questions from our professional colleagues through our WhatsApp groups "Google Form", inside this editorial, we have ventured to clarify all those questions received till date relating to the 'Extension of AGM'.

AGM Extension Impact: OPC, LLP, DIR-3KYC and FC-3

Quick Bites

   

1.

Whether General Extension of AGM will extend Due Date for OPC Annual Filling?

As per Section 122 of Companies Act, 2013, OPC is not required to hold any Annual General Meeting.

Therefore, General Extension of holding of AGM shall not impact One Person Company for the purpose of Annual Filings.

2.

What shall be the Due date of OPC AOC-4 & MGT-7A?

As AGM extension shall not impact OPC, as mentioned in question 1.

Following shall be Due date of Annual Forms for OPC:

  • AOC-4: 27.09.2021
  • MGT-7A: 26.11.2021

3.

What shall be the Impact of Extension of AGM on filling of LLP-8?

Extension of AGM shall only be applicable on Companies not on LLP. Therefore, it will not impact Annual Filling of LLP

Therefore, Due Date of LLP-8 for f.y. 2020-21 remain same as 30.10.2021.

4.

What shall be the Impact of Extension of AGM on filling of DIR-3KYC e-Form/DIR-3KYC Web Based Form?

Due Date of DIR-3 KYC doesn't have any connection with date of AGM.

Therefore, extension of AGM shall not have any impact on due date of DIR-3 KYC. It shall remain same as 30.09.2021

5.

What shall be the Impact of Extension of AGM on filling of FC-3 (Annual Account of Foreign Company)?

Due Date of FC-3 doesn't have any connection with date of AGM.

Therefore, extension of AGM shall not have any impact on due date of FC-3. It shall remain same as 30.10.2021

 
 

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About the Author

Practicing Compnay Secretary

CAREER PROFILE He is a Fellow Member of the Institute of Companies Secretaries of India having intense expertise in Corporate Law for the last 8 years. He is a young and progressive Practicing Company Secretary with zeal to dig deep into the nuances of Corporate Laws. Being a researcher at heart, he has done ... Read more

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