AGM Under Companies Act 2013: The 30 September Deadline, Notice, Quorum & How to Seek an Extension

For any company in India that uses April to March as its financial year, for closure of FY 25-26 a key date that they should mark in their calendars is – 30 September 2026 – the last date for their annual general meeting (AGM).

Along with the AGM companies also have to finalise their books of accounts, financial statements, statutory registers, resolutions, company audit and file their audited financials with MCA. 

There are certain cases where an extended period is taken for the financial statements or in the 1st year of a new company that an extended due date is available for conducting AGM and filing of ROC annual forms.

What is an Annual General Meeting (AGM)?

AGM is a yearly meeting of the members of a company. For a private limited company, the AGM due date is determined under Section 96 of the Companies Act, 2013.

At the AGM, members consider and approve important matters relating to the company. These generally include:

• Approval and adoption of Financial statements  
• Dividend if any declared for the year
• Appointment or removal of directors 
• Appointment or resignation of auditor 
• Other business requiring members’ approval 

One person company is a type of company for which it is not mandatory to hold an AGM every year (section 96).

What is the AGM Due Date for FY 25-26?

For subsequent AGMs, Section 96 generally requires the AGM to be held within six months from the end of the financial year that comes out to be 30^th September of the next FY.

However, the timeline for the first AGM is different.

First AGM vs Subsequent AGM

Type of AGM	General Timeline
First AGM	Within 9 months from the close of the first financial year that comes to be 31st December of the next year
Subsequent AGM	Within 6 months from the close of the financial year that comes out to be 30th September of the next year
Gap between two AGMs	Generally, not more than 15 months
Extension by ROC	Up to 3 months, except first AGM

So, if the financial year ended on 31 March 2026 and it is a subsequent AGM, the normal due date is 30 September 2026.

The ROC can extend the time for an AGM other than the first AGM by up to three months if there is a special reason.

Source: https://www.mca.gov.in/content/dam/mca/pdf/CompaniesAct2013.pdf

When to send AGM Notice?

Companies cannot just decide overnight to conduct an annual general meeting. As per Section 101, company has to give a clear 21-day notice for the general meeting.

The notice should include important details such as:

• Date of the AGM 
• Time 
• Place 
• Business to be discussed 
• Details of the resolutions 
• Explanatory statement, if any special business has to be discussed during the meeting to provide context to the members.

In certain cases, an AGM can be called at shorter notice if the required consent is obtained.

Do we need Quorum for an AGM?

Quorum means the minimum number of members who must be personally present for the AGM to proceed.

The requirement is different for private and public companies.

Company Type	General Quorum
Private Company	2 members personally present
Public Company – Up to 1,000 members	5 members personally present
Public Company – More than 1,000 and up to 5,000 members	15 members personally present
Public Company – More than 5,000 members	30 members personally present

Of course, this is also subject to other applicable provisions of the Companies Act, 2013 and the company’s article of association (AOA).

Can an AGM Be Held Through Video Conferencing?

Companies should be careful while relying on old information about AGM through VC/OAVM (Video Conferencing/Other Audio-Visual Means).

There was a temporary relaxation of AGM through video conference during covid period which was not a blanket permission for all the years post that period. 

Thus, companies should always check the latest applicable MCA rules and notifications in the matter of AGM.

This is important because relying only on an old COVID circular may not be enough for a current AGM.

How Can a Company Get an AGM Extension?

If there are any extenuating or special circumstances due to which your company is not able to hold the AGM within due date then there is a provision of timeline extension of upto 3 months under section 96.

Registrar of Companies (ROC) has the power to extend the timeline for holding an AGM, other than the first AGM, by a period of up to three months. (Section 96)

One important thing to remember is:

The three-month extension is not automatic.

The company has to approach the ROC and give the appropriate reason for seeking the extension. ROC may or may not provide the extension which will vary case to case. You can find the form to apply the same in the name of e-Form GNL-1.

In fact, this extension if provided is listed specifically in MCA’s Citizen’s Charter. 

So, if a company already knows that it may not be able to hold the AGM on time, it is better to start the process early instead of waiting until the last date.

Official MCA Citizen’s Charter:

https://www.mca.gov.in/content/dam/mca/documents/Citizen_Charter.pdf

What are the consequences if the AGM Is Not Held on Time?

If the AGM is not held on time, there is a specific provision of penalty under section Section 99 which specifies:

• The company and every officer in default may be liable to a fine of up to ₹1 lakh.
• If the default continues, an additional fine of up to ₹5,000 per day may apply.

This is why companies should take the AGM deadline seriously and complete the required steps on time.

Moreover, there is no compounding process for non-compliance of AGM. If a company misses the AGM and after the due date wants to submit the documents for AGM in the old date that is not possible. 

Official MCA source – Penalties and Offences:
https://www.mca.gov.in/Ministry/pdf/Penalties-and-Offences-under-Companies-Act-2013.pdf

AGM Preparation Checklist

This simple checklist can help your company avoid last-minute problems:

Every company should screenshot this and follow these steps to be better prepared with all details and documents to make this AGM process smoother.

FAQs

1. What is the last date to hold AGM for FY 2025-26?

For FY 25-26, financial year ends on 31 March 2026 and accordingly the last date for AGM is 30^th September of the next year i.e. 30 September 2026, subject to other provisions of Companies Act, 2013.

2. What notice period is required for an AGM?

An AGM generally requires 21 clear days’ notice under Section 101.

3. What is the quorum for a private vs public company?

For a private company, the general quorum is 2 members personally present.

For a public company, it is generally 5, 15 or 30 members, depending on the total number of members.

4. Can an AGM be held through video conferencing?

Companies should not automatically assume that VC/OAVM is available for every AGM in 2026. The latest applicable MCA provisions should be checked before choosing this option.

5. How can a company apply for an AGM extension?

A company can approach the ROC under Section 96 if there is a special reason. The ROC may grant an extension of up to three months, but this does not apply to the first AGM.

6. What happens if the AGM is not held on time?

Penalty will be imposed under section 99 of the Companies Act, 2013 of upto 1 lakh on company and officers in default and additional fine of up to ₹5,000 per day for continuing default.

7. What is the AGM due date for FY 2026-27?

As explained in the blog above, the AGM is required to be held within six months from the close of the financial year under Section 96 of the Companies Act, 2013. Thus, 30^th September of the next year is the due date for subsequent AGMs which makes it 30 September 2027 for FY 26-27 ending on 31 March 2027.

Final Takeaway:

AGM compliance is not automatic there needs meticulous planning and documentation for the same which includes planning the notice, documents, quorum, meeting and post-AGM filings properly.

30 September 2026 should therefore be marked on the compliance calendar well in advance.

For FY 2026-27, companies should also mark 30 September 2027 as the AGM due date for a subsequent AGM.

If there is a genuine reason for delay, the company can explore an AGM extension from the ROC, where permitted.

For professional assistance, visit Master Brains – Company Law Consultancy Services or get in touch with our team at 8595867402.