RST Ltd.'s annual general meeting should have been held on 30th Sept., 2018. However, as the accounts for the year 2017-2018 were not ready, the AGM could not be held. In order to avoid legal action against himself and t

According to section 92(1) of the Companies Act, 2013, every company shall prepare an annual return in the prescribed form containing the particulars as they stood on the close of the financial year. According to Section 92(4) of the said Act, the annual return must be filed within 60 days from the date on which the annual general meeting is held or where the AGM is not so held within 60 days from the last day on which the AGM should have been held together with the statements, specifying the reason for not holding the AGM. If a company fails to file the annual return as above, the company shall be punishable with the fine which shall not be less than ₹50,000 but may extend to ₹5 lakhs and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to 6 months or with fine which shall not be less than ₹50,000 but which may extend to ₹5 lakhs or with both. The Company Secretary must, therefore, ensure that the annual return is filed by him within 60 days from the last day on which the AGM should have been held i.e 30th September 2018 to avoid legal action against himself and the company.