AGM Due Date for Pvt Ltd: Within 6 Months of Financial Year End

Every company except a One Person Company must hold its Annual General Meeting within 6 months of the end of the financial year under Section 96 of the Companies Act 2013 — by 30 September for an April–March company. The first AGM must be held within 9 months of the close of the first financial year and within 18 months of incorporation. Failing to hold the AGM attracts a penalty of ₹1 lakh plus ₹5,000 per day on the company and every officer in default under Section 99. The AGM date anchors the entire ROC annual-filing cycle.

Since MCA21 V3 (June 2025): the AGM-driven filing cycle — AOC-4, ADT-1 and MGT-7 — runs entirely on the V3 portal. The 30 September AGM deadline and the Section 99 penalty are unchanged.

What the law actually requires

Section 96(1) requires every company, other than a One Person Company, to hold an AGM each year. Section 96(2) fixes the timing: the gap between two AGMs cannot exceed 15 months, and the first AGM must be held within 9 months of the close of the first financial year. Read with Section 96(1), the practical deadline for an April–March company is 30 September.

The first AGM: two ceilings that both apply

For a newly incorporated company, the first AGM must satisfy both tests — within 9 months of the close of the first financial year, and within 18 months of incorporation. A company incorporated on 1 May 2025 with a first financial year ending 31 March 2026 must hold its first AGM by 31 December 2026 (9 months after 31 March) — comfortably inside the 18-month ceiling (1 November 2026 would be the 18-month mark from incorporation, but the 9-month test at 31 December is the operative one). Whichever is earlier binds.

Extension by the Registrar

Where special reasons exist, the Registrar of Companies can extend the AGM period by up to 3 months. The application must be made before the due date — an extension sought after 30 September is too late, and the default already stands. Extension is discretionary, not automatic.

The day-and-time rules

The AGM must be held on a day that is not a national holiday (Republic Day, Independence Day, Gandhi Jayanti and such days notified by the Central Government), during business hours between 9 AM and 6 PM. An AGM scheduled for a Sunday or a national holiday, or after 6 PM, is invalid as a matter of compliance regardless of what the members agreed.

Worked example: the AGM anchors the filing cycle

TerraForm Logistics Pvt Ltd has a 31 March year-end (FY 2025-26). Its AGM and the filings that anchor to it:

If TerraForm holds its AGM on 15 September 2026 instead, every downstream deadline moves 15 days earlier — AOC-4 by 15 October, ADT-1 by 30 September, MGT-7 by 14 November. Holding the AGM early buys comfortable filing time before the October–November rush. If the company skips the AGM entirely, the Section 99 penalty starts at ₹1,00,000 and adds ₹5,000 a day, and the AOC-4/MGT-7 clocks still run from the deemed AGM date of 30 September.

Practical implications

• The AGM date is a planning decision, not an afterthought. It sets three filing deadlines (AOC-4, ADT-1, MGT-7). Holding it in mid-September rather than 30 September gives your finance team a working week of filing runway.
• The statutory audit must be complete before the AGM. You cannot lay audited accounts before members if the audit is unfinished. A delayed audit pushes the AGM toward the 30 September cliff.
• Extension must be applied for in advance. The Section 96(1) proviso allows a RoC extension of up to 3 months, but only on an application filed before the due date. Treat 30 September as the last day to ask, not the last day to act.
• A skipped AGM does not pause the filing clocks. If the AGM is not held, AOC-4 and MGT-7 are still due by the deemed date (30 September + 30/60 days). Non-holding multiplies the penalty: Section 99 for the AGM, Section 403 late fees for the forms, and eventually Section 164(2) disqualification risk.
• OPCs are exempt from the AGM. A One Person Company does not hold an AGM under Section 96 — but it still files the annual return (MGT-7A) and, where applicable, the financial statements. The exemption is from the meeting, not from the filings.

FAQ

By when must a private limited company hold its AGM?
Within 6 months of the end of the financial year — by 30 September for an April–March company.

When is the first AGM due?
Within 9 months of the close of the first financial year, and in any case within 18 months of incorporation. Whichever is earlier binds.

Can the AGM deadline be extended?
Yes, by up to 3 months, but only with the RoC's approval on an application made before the due date. It is discretionary, not automatic.

What is the penalty for not holding the AGM?
Section 99 — ₹1,00,000 on the company and every officer in default, plus ₹5,000 per day of continuing default.

Can an AGM be held on a Sunday or a public holiday?
An AGM cannot be held on a national holiday, and it must be held between 9 AM and 6 PM. A Sunday is not automatically a national holiday, but a notified national holiday is barred.

Do One Person Companies hold an AGM?
No. OPCs are exempt from the AGM requirement under Section 96, but they still file their annual return (MGT-7A) and financial statements.

Sources

• Section 96(1), 96(2), Companies Act 2013 (AGM timing); proviso to Section 96(1) (RoC extension)
• Section 99 (penalty for default); Section 137 (AOC-4), Section 92 (MGT-7), Section 139 (ADT-1)
• Companion guide: "AGM requirements for private companies" (2026-06-27)

Use the ROC compliance calendar to set the AGM date and the three filing deadlines that anchor to it. For a ROC compliance audit of your company, visit pvtltd.co.

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