Notice for holding agm beyond 15 months

[Prathap]

Dear members,

Need your expert opinion and solution for a case where a company considering the mca notification passed in the year 2020 for holding agm upto 31.12.2020 and held beyond 15 months and received notice from roc for violation u/s 96 and seeking Application under 441. 

Is there a way to rectify the filed form aoc-4 n mgt-7, by an application to roc and file revised forms or 

To face the penalty... And appeal under  454(5). Pls advise...

Any recent case and order passe by the authority in this regard be requested to share for reference..

[Tanvi Aggarwal]

Please share the exact facts of the case.

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[Ankita Karnani]

Dear maam

please let us know when was the previous year AGM held

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[satish Jain]

Can you share a notice received from ROC?

S. V. JAIN & Associates

Company Secretaries

201, Zeba Apartments, 33-B,

Hill Road, Bandra West,

Mumbai-400050

8898666576/8850463751

Navi Mumbai Office

G-1905, Balaji Symphony Phase II,

Sukhapur, Panvel-410206

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[Prathap]

THE DIFFERENCE BETWEEN THE AGM FOR THE YEAR 2018-19 AND 2019-20 EXCEEDED MORETHAN 15  MONTHS AND THEREBY VIOLATED THE PROVISIONS OF SECTION 96 OF COMPANIES ACT, 2013, YOU ARE DIRECTED TO FILE APPLICATION UNDER SECTION 441 OF CA, 2013 AND TO SUBMIT PROOF OF FILING GNL-1 AND PHYSICAL COPY OF APPLICATION.

This was received as a re-submission query while applying for name change of company. 

AGM in 2019 - 07.06.2019

AGM in 2020 - 03.12.2020 (after availing MCA notification Dt 08.09.2020

Max available time for holding AGM was 06.12.2020

Mistake was while filling form in both aoc-4 n mgt-7 the agm date was mentioned as 31.12.2020 and filed..

Now whether application as stated in the query to be applied ? or

wait for the re-submission period to expire and then approach for invalidating filed forms AOC-4 n MGT-7 and revise both the forms? 

This was clerical mistake and we have al the signed notices, minutes, consent of members, but these documents were not attached, since it is not mandatory to attached. Only Board report n annexure with audited financials were attached. Kindly advise on how to proceed.

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[GIRISH KUMAR]

RoC's view is not correct.

What is the main purpose of the extension?

Due to covid, it was extended up to 31.12.2020.

For example, In case two members company, if one of the members got Covid and hospitalized  during  up to 20th Dec, 2020 then how it is possible to conduct agm within the due date?

It should be considered to every company equally. Otherwise what is the purpose of extension.

Let me know others reply on this matter

With regards

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[Prathap]

Agree with you sir.. In this case the fine u/s 99 is applicable..  Client is not having any knowledge of the implication.. due to annual filing rush we committed this error in form filling... Very sad.. 

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