In the case of an adjourned Annual General Meeting (AGM) where the financials were not approved on the originally scheduled due date but were approved during the adjourned AGM, you should file the following:
1. AOC-4: You should file AOC-4 with the unaudited financial statements by the original due date of AGM. If the financials are approved during the adjourned AGM, you will need to file an updated AOC-4 with the audited financial statements within 30 days from the date of the adjourned AGM.
2. MGT-7: Similarly, you should file MGT-7 by the original due date of AGM. If the financials are approved during the adjourned AGM, you will need to file an updated MGT-7 with the approved financials within 60 days from the date of the adjourned AGM.
The key point to remember is that even if the financials are approved during the adjourned AGM, you should still file the initial AOC-4 and MGT-7 with the unaudited financials by the original due date. After the adjourned AGM, you can file updated AOC-4 and MGT-7 with the audited and approved financials as per the specified timelines.
A Private Limited Company convened AGM on 30th December 2020 after duly circulating Annual Report containing AGM Notice, Directors Report and Balance sheet [ Not signed by Auditor} with Annexures. The AGM has not adopted Financial Statements that were not signed by Auditor. Hence AGM adjourned sine die. Company received Auditor's signed report as well as Financial Statements in March 2021. The adjourned AGM was held on 30th March 2021.Please enlighten me on:
1. Whether the provisional Financial Statements as placed before the original AGM are required to be filed by the Company in Form AOC4 + Annual Return in Form MGT7
2. Whether it is sufficient ( without filing provisional Financial Statement ) if the Company can directly file the Auditor signed Financial Statements together with Form AOC4 and Form MGT7 within stipulated time from the date of adjourned AGM.
Hello,
A Private Limited Company convened AGM on 30th December 2020 after duly circulating Annual Report containing AGM Notice, Directors Report and Balance sheet [ Not signed by Auditor} with Annexures. The AGM has not adopted Financial Statements that were not signed by Auditor. Hence AGM adjourned sine die. Company received Auditor's signed report as well as Financial Statements in March 2021. The adjourned AGM was held on 30th March 2021.Please enlighten me on:
1. Whether the provisional Financial Statements as placed before the original AGM are required to be filed by the Company in Form AOC4 + Annual Return in Form MGT7
2. Whether it is sufficient ( without filing provisional Financial Statement ) if the Company can directly file the Auditor signed Financial Statements together with Form AOC4 and Form MGT7 within stipulated time from the date of adjourned AGM.