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Answer in Brief · Q4

Q.State the time limits within which a company must hold its first AGM and its subsequent AGMs under Section 96 of the Companies Act, 2013.

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Section 96(1) of the Companies Act, 2013 lays down separate time limits for the first AGM and every AGM thereafter.

First AGM: A company must hold its first AGM within 9 months from the date of closing of its first financial year. This is deliberately longer than the limit for later years, since a newly formed company needs extra time to finalise its very first set of financial statements. Critically, no extension of time can be granted for this first AGM, however special the reasons.

Subsequent AGMs: From the second year onward, every AGM must be held within 6 months from the date of closing of that financial year. In addition, the Act imposes a separate safeguard: the gap between two consecutive AGMs must never exceed 15 months, regardless of the 6-month deadline, to prevent a company from lawfully pushing its AGM date later and later each year.

Extension: For a subsequent AGM (never for the first), the Registrar of Companies may, for special reasons, grant an extension of time not exceeding 3 months. …

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