The financial statements of XYZ Ltd., an unlisted company, could not be adopted in its scheduled Annual General Meeting (AGM) for want of some clarifications by the shareholders and hence, the agenda was proposed to be c

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · June 2019
The financial statements of XYZ Ltd., an unlisted company, could not be adopted in its scheduled Annual General Meeting (AGM) for want of some clarifications by the shareholders and hence, the agenda was proposed to be carried to the adjourned AGM. Advise the company as to the filing requirements relevant to the financial statements with the Registrar of Companies (ROC). Also advise on the filing requirements of the financial statements with ROC, if AGM itself has not been held.

Answer & Explanation:

If the financial statements are not adopted at annual general meeting, such un-adopted financial statements along with the required documents shall be filed with the Registrar within thirty days of the date of annual general meeting and the Registrar shall take them in his records as provisional till the financial statements are filed with him after their adoption in the adjourned annual general meeting for that purpose. After holding the adjourned annual general meeting, the adopted financial statement are filed within thirty days of the date of adjourned annual general meeting. Where the annual general meeting for any year has not been held, the financial statements duly signed along with the statement of facts and reasons for not holding the annual general meeting shall be filed with the Registrar within thirty days of the last date before which the annual general meeting should have been held.

Topics: Companies Act, 2013

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