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.
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.
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?
Naveen Fintech Pvt Ltd
Kolkata
CA Inter
View Details
Gupta Sachdeva & Co. Chartered Accountants
New Delhi
CA Final
View Details
CAclubindia
