Roc filing, agm. audit ?

2054 views 7 replies

Our Pvt. ltd. company was incorporated in Noida on 8th December, 2010. We have not filed any returns. We are planning to get statutory audit done for YE 31 March 2011.

1. When is our first AGM due? Do we have to hold it before 31st Dec 2011?

2. What comes first the stautory audit or filing of ROC forms or AGM? Without audited P&L and Balance sheet, how can we file Annual returns?

Appreciate your response.

Thanks.

 

 

 

 

Replies (7)

 

1. The accounts placed before the first AGM shall be for the period beginning from the date of incorporation and ending on a day of financial year which will not precede the first AGM by more then 9 months from the close of the first financial year of the company. As in your case accounts are closed on 31/03/2011 so you have to hold agm before 31/12/2011

2. Statutory audit comes first then AGM and lastly annual returns. Only audited balance sheet and p&L account are to be laied before a company in AGM.

 

 

1. When is our first AGM due? Do we have to hold it before 31st Dec 2011?
 
Ans. First AGM should be held on 31-12-2011.
 
2. What comes first the stautory audit or filing of ROC forms or AGM? 
 
Ans. First the staturory audit, next the AGM and lastly filing of ROC forms.
 
Without audited P&L and Balance sheet, how can we file Annual returns?
 
Ans. You cannot file the Financial statements without proper audit, in case you file them they will be rejected since audit is mandatory under Companies Act.
 
Annual returns are based upon balance sheet and profit and loss account so preparation of those is must for the it.

 

Applicability of Section-166 read with section-210

As per Section-166 last date for holding your AGM would be 7th June 2012 i.e. 18 months from the date of incorporation of the company.

 

As per section-210 Balance Sheet & Profit and Loss A/c shall lay before the in case of First Annual General Meeting within 9 months from the end of financial year i.e. last date for holding your AGM as per section-210 would be 31st December 2011, if your financial year ends on 31st March 2011..

 

So, Company has to hold First AGM on or before 31st December 2011, to comply with the provisions of Section 210 of Companies Act, 1956

 

Balance Sheet & Profit and Loss A/c if AGM date is 31st December 2011

 

As per section-220 Balance Sheet & Profit and Loss A/c is required to be filed with ROC within 30 days of AGM. So last date of filing of form-23AC and 23ACA in your case would be 30th January 2012

 

Annual Return if AGM date is 31st December 2011

 

As per section-159 Annual Return is required to be filed with ROC within 60 days of AGM. So last date of filing of form-20B in your case would be 29th February 2012.

 

 

Agree with Ms. smriti and Mr. rajesh..

They have very well explained the concept

As per Section-166 last date for holding your AGM would be 7th June 2012 i.e. 18 months from the date of incorporation of the company.

As per sec. 210 Balance Sheet & Profit and Loss A/c shall lay before the in case of First Annual General Meeting within 9 months from the end of financial year i.e. last date for holding your AGM as per sec.210 would be 31st December 2011, if your financial year ends on 31st March 2011

Hi..

You have to take AGM within 18 months from the date of incorporation.

Statutory Audit is the first then ROC filing.

If you want any further help pls write to me : sunraj7 @ gmail.com

 

Hi,

What is the time limit for both AGM & EGM to be filed with ROC?

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
22 June 2026
Finance Manager- Chartered Accountant

Triveni Turbine Limited

Bengaluru

CA

View Details
Company
24 June 2026
Senior Account (VA Client Operations)

Karbon Business

Bengaluru

CA Inter

View Details
Company
ARTICLESHIP 24 June 2026
ARTICLE ASSISTANT

BHUPINDER SHAH AND COMPANY

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 27 June 2026
Article

SNCO

Mumbai

CA Inter

View Details
Company
25 June 2026
Accounts & Taxation Executive

Dindukurthy & Associates

Hyderabad

MBA

View Details
Company
ARTICLESHIP 27 June 2026
CA Articled Trainee And Paid Assistant

SKAA & Associates

New Delhi

CA Inter

View Details
Company
10 June 2026
Senior Account Executive

JDS Advisory LLP

Ahmedabad

CA Inter

View Details
Company
ARTICLESHIP 09 June 2026
Article Trainee

Numbertree LLP

Mumbai

CA Inter

View Details