Annual filing of Newly incorporated companies

[Shivani Sharma]

Dear professionals,

Kindly suggest to me, if a company is incorporated in january 2022, then, when it is required to file Aoc 4 and mgt 7.

No business has been done from Jan 2022 to march 2022.

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Thanks & Regards :)

Shivani Sharma

[Sarvajit S. Yadwad]

If Company is incorporated on or before 31-12-2021, then only annual filing for 31-03-2022 is applicable. In your case, the Company is incorporated in January, 2022. Hence your 1st FY will be from January, 2022 to 31st March, 2023.

Thanks & Regds,

CS Sarvajit S. Yadwad

9765144257

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[Shivani Sharma]

Thanks for sharing the details

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[Shivani Sharma]

Noted with thanks 

 I agree with Mr. Diponkar Banerjee, and I have proceeded accordingly.

Nowhere it is mentioned that the first AGM must be conducted within 18 months of Incorporation.

First AGM must be conducted within 9 months from the closing of FY. (in case of newly incorporated company)

On Wed, May 18, 2022 at 12:25 PM CSDIPONKAR BANERJEE <diponkar...@yahoo.com> wrote:

First AGM must be held within 18 months of incorporation, i.e. by June’23 – so the annual filing must be completed with 30/60 days of AGM.

I beg to differ Section 96(1) of CA2013 states in case of the first annual general meeting, 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 :

Therefore 18 months is irrelevant.

Thanking You,

Yours sincerely,

Diponkar Banerjee
Practising Company Secretaries,
Handphone-+919883023753
Email me:diponkar...@yahoo.com
Post @ https://www.facebook.com/diponkar.banerjee
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On Wednesday, May 18, 2022, 11:26:12 AM GMT+5:30, rchha...@gmail.com <rchha...@gmail.com> wrote:

First AGM must be held within 18 months of incorporation, i.e. by June’23 – so the annual filing must be completed with 30/60 days of AGM

 

 

 

From: profession...@googlegroups.com <profession...@googlegroups.com> On Behalf Of Minu Tulsian
Sent: 11/May/2022 17:07
To: Shivani Sharma <sharmacs...@gmail.com>
Cc: csmy...@googlegroups.com; professional-knowhow@googlegro <profession...@googlegroups.com>; cacsu...@googlegroups.com; Company Secretaries Support AD <profession...@googlegroups.com>
Subject: Re: Sudhir Banthiya [professional-knowhow ] Annual filing of Newly incorporated companies

 

If you prepare balance sheet for March 22  then October 22 is filing date for AOC4 and MGT 7 otherwise you can prepare balance sheet for 15 months on 31st March,23 and file forms in Oct 23. 

 

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Regards,

Minu Tulsian

Minu Tulsian & Co,

Company Secretaries

(Peer Reviewed Firm)

4, Tollygunge Circular Road

Kolkata-700053

Mob: +91 9830378809

e-mail:csminu....@gmail.com

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[aniesh mahindru]

Dear Professional,

Where a Company is incorporated on or after 1st January, then in accordance with Section 2(41) of the Companies Act, 2013, the period of the first financial year of that Company is ended on 31st March of the following year (i.e in your case the financial year will end on 31/03/2023).

Further, in Accordance with the first proviso to the Section 96(1) of the Companies Act, 2013, AGM of the newly incorporated Company shall be convened within 9 months of the date of the closure of the financial year (i.e. in your case first AGM shall be held on or before 31/12/2023.

In accordance with Section 137 of the Companies Act, 2013 financial statement that are adopted in the AGM shall be filed in Form AOC -4 within 30 days of its adoption in AGM. (in your case the due date for filing AOC - 4 will arise in January 2024)

Furthermore, in accordance with Section 92 of the  Companies Act, 2013 annual return shall be filed in Form MGT-7/7A within 60 days from the date of AGM (in your case due date will fall in February 2024 as 2024 is a leap year) 

Regards

CS Aniesh Mahindru

PCS

Aniesh Mahindru & Co.

Delhi

8447537699

ani...@amcocs.in

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