When must a company hold its AGM?

What does section 96 require?

Section 96 of the Companies Act, 2013 requires every company, other than a One Person Company, to hold an annual general meeting each year. Section 96 fixes both how often the meeting must happen and by when, so a company cannot simply let a year pass without one.

The AGM is where the members receive the accounts, appoint or reappoint auditors and directors, and consider dividends. It is the anchor date for the annual filings, which is why its timing carries beyond the meeting itself.

What are the AGM time limits?

There are two limits and both must be met. The AGM must be held within six months of the close of the financial year, and the gap between two AGMs must not exceed fifteen months. For a 31 March year-end, the six-month limit puts the AGM due by 30 September.

When is the first AGM due?

The first AGM must be held within nine months from the close of the first financial year. A company that holds its first AGM within that window does not have to hold an AGM in the year of its incorporation, so the first meeting has a longer runway than every meeting after it.

The nine-month first-AGM limit is firm. The Registrar's power to extend the AGM date does not reach the first AGM, so a new company cannot buy more time on its first meeting.

Does a One Person Company hold an AGM?

No. Section 96(1) applies to every company other than a One Person Company, so an OPC is outside the AGM requirement entirely. It still prepares and files its accounts and annual return, but it does not hold an annual general meeting.

This is one of the structural reliefs the Act gives the smallest company form. For how the OPC and small company file the annual return, read our section 92 annual return guide.

Can the AGM date be extended?

Yes, for any AGM except the first. The Registrar may, for a special reason, extend the time for holding an AGM by a period not exceeding three months. So the six-month and fifteen-month limits can be pushed by up to three months with the Registrar's approval.

The extension is not automatic; the company applies and states the special reason. And it never applies to the first AGM, whose nine-month limit stands on its own.

How do I confirm the AGM deadline?

1. Take the financial year-end and add six months for a regular AGM under section 96.
2. Check the gap from the last AGM is within fifteen months.
3. For a new company, use the nine-month first-AGM limit instead.
4. Confirm the company is not a One Person Company, which is exempt.
5. Where more time is needed, apply to the Registrar before the deadline, except for the first AGM.

Where do companies go wrong on AGMs?

• Meeting the six-month limit but breaching the fifteen-month gap, or the reverse.
• Assuming the Registrar can extend the first AGM, which it cannot.
• Holding the first AGM late by using the six-month limit instead of nine months.
• Treating an OPC as needing an AGM when it is exempt.
• Holding the meeting on a National Holiday or outside 9 a.m. to 6 p.m.

Where are section 96 changes published?

Changes to AGM timing and procedure come as MCA amendments to the Companies Act and its rules, and as MCA general circulars that, in some years, relax meeting requirements. For the deadline of the filing that follows the AGM, read our AGM due date guide and AOC-4 due date guide. Complied AI keeps MCA updates in one feed so you can open the circular behind a meeting relaxation and read section 96 next to it.