The due date for the Annual General Meeting for the Financial Year 2019 - 20 which ended on March 31, 2020 is now extended for three months for all the Companies.
The Ministry of Corporate Affairs has provided the major relief to the Companies by extending the date of Annual General Meeting by three months. So now, the companies who had their Annual General Meeting due date on September 30, 2020 can now conduct the same by December 31, 2020. However, in case the Companies have their dead line for AGM as on September 1, 2020 then they will have to conduct the same by December 1, 2020. The Companies don’t have to file the Form GNL - 1 as a separate application in order to get the extension.
The order which we have attached below, was issued by the Office of Registrar of Companies Pune and has its applicability over all the Companies that fall under its own jurisdiction. Similar orders are passed all over India by different Office of Registrar of Companiesand you have an option to look for the same. All you have to do is search for the Office of Registrar under whose jurisdiction you Company falls.
You also have another option to access the “AGM Extension Orders” at the official website of the Ministry of Corporate Affairs.
The Order issued by the Office of Registrar of Companies, Pune is as follow:
ROC/P/Sec 96/2020/414 Dated 08 Sep 2020
Order
Extension of time for holding of Annual General Meeting (AGM) for the financial year ended on 31.03.2020
1. WHEREAS Sub-section (1) of Section 96 of the Companies Act, 2013 (the Act) provides inter-alia, that every company, other than a One Person Company, shall in each year hold in addition to any other meetings, a general meeting as its annual general meeting (AGM) and shall specify the meeting as such in the notices calling it, and not more than fifteen months shall elapse between the date of one AGM of a company and that of the next;
2. And WHEREAS, the first proviso to sub-section (1) of Section 96 of the Act provides that in case of the first AGM, it shall be held within a period of nine months from the date of closing of the first financial year of the company and in any other case, within a period of six months, from the date of closing of the financial year;
3. And WHEREAS; the third proviso to Section 96(1) of the Act provides that the Registrar may, for any special reason, extend the time within which any annual general meeting, other than the first annual general meeting, shall be held, by a period not exceeding three months;
4. And WHEREAS, various representations have been received from the companies, Industry bodies and Professional Institutes pointing out that several companies are finding it difficult to hold their AGM for the financial year ended on 31.03.2020 due to the difficulties faced in view of the Covid-19 Pandemic;
5. And WHEREAS, the representation have been considered and the undersigned is of the considered opinion that due to such unprecedented special reasons, the time within which the AGM for the financial year ended on 31.03.2020 is required to be held as per provisions of sub-section (1) of Section 96 ought to be extended in terms of the third proviso to Section 96(1);
6. Now, therefore, in terms of power vested with the undersigned under the third proviso to sub-Section (1) of Section 96 of the Act, I hereby extend the time to hold the AGM, other than the first AGM, for the financial year ended on 31.03.2020 for companies within the jurisdiction of this office, which are unable to hold their AGM for such period within the due date of holding the AGM by a period of three months from the due date by which the AGM ought to have been held in accordance with the provisions of sub-section (1) of Section 96 of the Act, without requiring the companies to file applications for seeking such extension by filing the prescribed Form GNL-1.
Explanation: It is hereby clarified that the extension granted under this Order shall also cover all the pending applications filed in Form No. GNL-1 for the extension of AGM for the financial year ended on 31.03.2020, which are yet to be approved;
Where the approval for extension of AGM upto 3 months from the due date of the AGM shall be deemed to have been granted by the undersigned without any further action on the part of the company.
(MANGESH ADHAV)
REGISTRAR OF COMPANIES,
MAHARASHTRA, PUNE
Place: Pune
Date: 08.09.2020
