In our earlier post we had discussed as to how a request was forwarded by ICSI for extension of due date for holding AGM for year ending 31.03.2020 before MCA and same was rejected by MCA.
Today, all regional registrar of companies have issued an order to extend the due date for holding of AGM of year ending 31.03.2020 by 3 months.
In the order MCA mentioned that due date of AGM other than first AGM may be extended by registrar for any special reason by a period not exceeding 3 months under third proviso of section 96(1).
It has been mentioned that they have received various representations by professionals who are facing difficulty in conducting AGM and who have asked for extension of due dates.
Earlier MCA had mentioned that companies can apply for extension of AGM in GNL – 1 Form and extension shall be granted without any questions.
Now, in the latest order MCA has mentioned that due date for holding AGM other than first AGM for the financial year end 31.03.2020 has been extended by 3 months under third proviso of section 96(1) without requiring the companies to file application under Form No. GNL – 1.
The above order shall cover all pending application made to registrar till date and all application which were rejected by registrar.
Thus, the normal due date under section 96(1) which is 30.09.2020 has been extended by 3 months, thus now the new date for AGM is 31.12.2020.
You can download orders of various Registrar below:
This can also be a hint of extension of due date for Tax audit under Income Tax act as Tax audit cannot be done for companies until Financials are passed by Shareholders in AGM.