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AGM Date error in AOC 4

MCA 1877 views 6 replies

While filing AOC-4, we erroneously selected 30/10 as due date for AGM instead of 30/9. Now while filing MGT - 7A, it is not accepting the form as here due date is correctly metioned as 30/9.

Can we change due date of AGM in AOC-4? If not, should we change it to 30/10 in MGT-7A as well and file it. What would be consequences of this as this due date is incorrect. 

Replies (6)

 So, you're unable to change the due date for the AGM in AOC-4, and you're wondering what to do next ¹. Here's the thing: you can't actually change the due date in AOC-4, but you can change it to 30/10 in MGT-7A and file it ¹. However, there are some potential consequences to consider. If you don't file MGT-7A within the 60-day deadline, you'll face a penalty of Rs. 100 for each day of delay ¹. Plus, there's an additional daily fine of Rs. 1,000 for not filing AOC-4 within the 30-day deadline ¹. And if you're late with both filings, the penalties can add up quickly! To avoid all that, you could try filing MGT-7A with the correct due date of 30/9, and then file AOC-4 with the same due date ¹. That way, you'll avoid any potential penalties.

System is giving an error while filing MGT-7A that due date is different from AOC-4. So can't file it with 30/9 as due date.

AOC-4 has been filed and approved. Supposingly, we file MGT-7A with due date as 30/10, what could be the consequences. Can penalty be levied even if both has been filed within 30 / 60 days but with incorrect AGM due date.

 If you file MGT-7A with a due date of 30/10, despite AOC-4 having a different due date, there could be consequences: 1. _Penalty_: Yes, a penalty can be levied even if both forms are filed within the prescribed timeframe (30/60 days) but with an incorrect AGM due date. The penalty for filing MGT-7A with an incorrect due date can range from Rs. 10,000 to Rs. 1,00,000. 2. _Rejection of MGT-7A_: The system might reject MGT-7A due to the inconsistency in due dates, which could lead to further delays and complications. 3. _Scrutiny and inquiry_: The Registrar of Companies (RoC) might scrutinize your company's filings and initiate an inquiry due to the discrepancy. 4. _Additional fees and expenses_: You may need to pay additional fees for rectifying the error and filing corrected forms. 5. _Impact on company's image_: Inaccurate filings can tarnish your company's reputation and raise concerns about its compliance and governance practices. To avoid these consequences, consider the following options: 1. _Rectify AOC-4_: If possible, file a revised AOC-4 with the correct AGM due date. 2. _File MGT-7A with correct due date_: If AOC-4 cannot be revised, file MGT-7A with the correct AGM due date (30/9) and attach a covering letter explaining the discrepancy.

Is it possible to file MGT-7A with a different AGM due date than AOC-4. We tried uploading but the form is not getting uploaded and showing an error that due date is not matching with AOC-4. Can you explain how to file MGT-7A with a due date different from AOC-4 

Filing MGT-7A with a due date different from AOC-4 can be a bit tricky, but I'll break it down step by step. Please note that this is a general guide and may vary depending on your specific situation. *Step 1: Prepare MGT-7A* - Fill out the MGT-7A form with the correct information, including the due date for the AGM (which is different from AOC-4). - Ensure you have all required attachments and documents. *Step 2: Attach a covering letter* - Explain the reason for the discrepancy in due dates between MGT-7A and AOC-4. - Provide a clear justification for filing MGT-7A with a different due date. *Step 3: File MGT-7A* - Upload the prepared MGT-7A form and covering letter on the MCA portal. - Pay the required fees and submit the form. *Step 4: Receive approval* - The MCA will review your submission and may raise queries or concerns. - Respond promptly to any queries and provide additional information if required. *Step 5: File AOC-4 (if not already filed)* - If you haven't already filed AOC-4, do so within the prescribed timeframe (30 days from the AGM date). - Ensure AOC-4 reflects the correct due date for the AGM (which is different from MGT-7A).

I am facing the same situation, i have filied AOC 4 but the due date of agm  was wrongly entered, i could not file mgt 7A as when i press presrutiny it shows error that " should enter agm due date mentioned in aoc 4 (already filied). i have specified that there is no extension of agm (in checkbox close to due date entered). 
Can i file mgt 7A with wrong date and attach a file mentioning the reason for dfference in due date?




 


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