24 July 2024
The tenure of office of the first directors and the timing of the first Annual General Meeting (AGM) for a private limited small company in India are governed by the provisions of the Companies Act, 2013 and rules framed thereunder. Here are the specifics:
1. **Tenure of Office of First Directors:** - The tenure of office for the first directors, as named in the Articles of Association of the company, is generally until the first Annual General Meeting (AGM) of the company. At the first AGM, shareholders have the opportunity to ratify the appointment of these directors or appoint new directors.
2. **First Annual General Meeting (AGM) for a Small Company:** - According to Section 96 of the Companies Act, 2013, a small company (both private and public) is required to hold its first AGM within nine months from the end of the first financial year. The financial year for companies typically ends on March 31st, so the first AGM should ideally be held by the end of the following December 31st.
- **Example:** If a private limited small company is incorporated on or before September 30, 2023, its first financial year would end on March 31, 2024. Therefore, the company must hold its first AGM by December 31, 2024 (i.e., within nine months from the end of the first financial year).
It's important for companies to adhere to these timelines and requirements to maintain compliance with the Companies Act, as non-compliance can lead to penalties and other legal implications.