# AGM Compliance & AGM Notice

> Every company other than a one-person company must hold an annual general meeting within six months of the end of its financial year — by 30 September for March year-ends — with no more than 15 months between two AGMs. The first AGM must be held within nine months of the end of the first financial year. Notice must be given 21 clear days in advance unless members consent to shorter notice.

Practice: Company Secretary & Corporate Compliance — https://www.industax.com/services/company-secretary/

The AGM adopts the audited financial statements and board's report, declares dividends, and appoints or ratifies auditors and directors retiring by rotation. After the meeting, the company files its financial statements (AOC-4, within 30 days) and annual return (MGT-7 or MGT-7A, within 60 days).

The ROC can extend the AGM date by up to three months on a valid application, but not for the first AGM. Holding the AGM late or not at all exposes the company and its officers to penalties under Section 99 and makes the annual filings late too.

We prepare the notice and explanatory statement, collect shorter-notice consents where members agree, prepare the attendance and proxy documentation, and draft the minutes.

## Key facts

| Item | Detail |
| --- | --- |
| Due | Within 6 months of FY end (30 Sep for March year-end); gap ≤ 15 months |
| First AGM | Within 9 months of the end of the first financial year |
| Notice | 21 clear days; shorter notice with members' consent as per Section 101 |
| Not required | One-person companies |
| After the AGM | AOC-4 within 30 days; MGT-7/MGT-7A within 60 days |

## Who needs this

- Every private and public company except OPCs
- Companies approving audited accounts, dividends and auditor appointments
- Companies that missed an AGM and need to regularise

## What's included

- AGM notice and explanatory statement
- Shorter-notice consents (where members agree)
- Attendance register, proxies and scrutiny (where applicable)
- Minutes of the AGM
- AOC-4 and MGT-7/7A filing

## Documents

- Audited financial statements and auditor's report
- Board's report
- List of members with addresses / emails
- Details of directors retiring or being appointed

## Process

1. **Board approval** — Board approves accounts and convenes the AGM.
2. **Notice** — Notice sent 21 clear days ahead, or shorter-notice consents taken.
3. **Meeting** — Resolutions passed and minutes recorded.
4. **Filings** — AOC-4 and MGT-7/7A filed within their deadlines.

## Also covers

- **AGM notice** — Drafting the notice, agenda and explanatory statement for the AGM.

## FAQs

### What is the last date to hold an AGM?

Six months from the end of the financial year — 30 September for companies with a 31 March year-end — and not more than 15 months after the previous AGM.

### Can the AGM date be extended?

Yes, the ROC can grant up to three months' extension on application for special reasons, except for the first AGM.

### Does a one-person company need an AGM?

No. OPCs are exempt from holding an AGM.

### Can an AGM be called at shorter notice?

Yes, if the consent of the required majority of members is obtained as specified in Section 101.

## Official sources

- Ministry of Corporate Affairs — MCA21 portal: https://www.mca.gov.in/
- Companies Act, 2013 (India Code): https://www.indiacode.nic.in/handle/123456789/2114
- ICSI Secretarial Standards: https://www.icsi.edu/

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Canonical page: https://www.industax.com/services/company-secretary/agm-compliance
Publisher: Indus Tax — CA-led tax and compliance firm (https://www.industax.com). Contact: info@industax.com, 9059139258.
This is general information, not advice for your specific facts.