The AGM due date under section 96 of the Companies Act 2013 is whichever comes first: 6 months after the end of the financial year, or 15 months after the previous annual general meeting. That second test is the one people forget, and it can pull this year's deadline ahead of 30 September. This guide explains how the date is worked out, the rules for the first AGM of a company, what an AGM extension changes and what a missed meeting costs.
How the AGM due date is worked out under section 96
Take the earlier of two dates: 6 months after the financial year ends, and 15 months after the date of the previous AGM. For a 31 March year end the first test gives 30 September. The first AGM follows a different rule: 9 months from the end of the first financial year, and none is needed in the year of incorporation.
The calculator above runs these steps in order:
- Find the financial year end. It is 31 March, but a company incorporated on or after 1 January closes its first year on 31 March of the following year (section 2(41)).
- Add 6 months, or 9 months if this is the first AGM.
- If there was a previous AGM, add 15 months to its date.
- Take the earlier date. An ROC extension of up to 3 months can then be added, except for the first AGM.
How the 15-month gap can bring your AGM forward
If last year's AGM was held before 30 June, the 15-month limit lands before 30 September and becomes your real deadline. A company that held its FY 2024-25 AGM on 15 May 2025 had to hold its FY 2025-26 AGM by 15 August 2026, not 30 September 2026.
Example. Bluepeak Foods Private Limited (a made-up company) held its last AGM on 15 May 2025. Fifteen months later is 15 August 2026, which is earlier than 30 September 2026, so 15 August is its AGM due date. If it met that day, AOC-4 was due by 14 September 2026 and MGT-7 by 14 October 2026. Even an AGM on 29 June 2025 would have moved the deadline to 29 September 2026, one day early.
The rule cuts the other way too. A company whose first AGM was on 10 December 2025 still had to hold its second AGM by 30 September 2026, less than 10 months later, because the 6-month test applies to every AGM after the first.
First AGM of a company: why the incorporation month matters
A company's first AGM is due within 9 months of the end of its first financial year, and no AGM is needed in the year it was incorporated. Because a company formed on or after 1 January runs its first year to 31 March of the next year, two companies incorporated a month apart can have first AGMs a full year apart.
| Incorporated on | First financial year ends | First AGM due by |
|---|---|---|
| 20 December 2024 | 31 March 2025 | 31 December 2025 |
| 20 January 2025 | 31 March 2026 | 31 December 2026 |
| 10 August 2025 | 31 March 2026 | 31 December 2026 |
| 10 February 2026 | 31 March 2027 | 31 December 2027 |
Every company incorporated in calendar year 2025 therefore has 31 December 2026 as its first AGM date. Three points apply only to this meeting:
- The ROC cannot extend it, so 31 December is a hard limit.
- The auditor appointed at this meeting holds office for 5 years, and ADT-1 (in the form revised from 14 July 2025) is due within 15 days of it.
- A company with share capital should also have filed INC-20A within 180 days of incorporation. The ROC compliance calendar lists every first-year date.
AGM extension: what the ROC can grant and what it moves
The ROC can extend any AGM except the first by up to 3 months, for special reasons. An extension moves AOC-4 and MGT-7 as well, because both run from the date the AGM is held. A full 3-month extension of a 30 September 2026 deadline gives 30 December 2026, and a meeting that day makes AOC-4 due by 29 January 2027 and MGT-7 by 28 February 2027.
Keep three things in mind:
- An extension is granted to your company on its own facts. It is different from a general MCA extension for all companies, and no general extension of the FY 2025-26 AGM, AOC-4 or MGT-7 deadlines had been announced as of 15 October 2026.
- Plan to the date in the ROC's approval. Counted as three calendar months, 30 September runs to 30 December, the date the calculator uses.
- If the 15-month rule gave an earlier date, the extension runs from that date. A 15 August 2026 deadline extended by 2 months becomes 15 October 2026.
What a missed AGM costs the company and its directors
Under section 99 as it stands, the company and every officer in default can be fined up to ₹1 lakh for not holding the AGM, plus up to ₹5,000 for every day the default continues. The annual return is still due within 60 days of the date the AGM should have been held.
The knock-on effects often cost more than the fine:
- Late annual return. If no AGM is held by 30 September 2026, MGT-7 or MGT-7A is still due by 29 November 2026. After that it costs ₹100 a day, with no upper limit. The MCA late fee calculator shows the running total.
- Additional directors. Under section 161(1), an additional director holds office only up to the next AGM or the last date on which it should have been held, whichever is earlier. A missed AGM can end that term. If a director needs to be appointed afresh, see adding a director.
- A pending change. The Corporate Laws (Amendment) Bill 2026, introduced in Lok Sabha on 23 March 2026, would replace the section 99 fine with a penalty of ₹1 lakh plus ₹5,000 a day, capped at ₹2 lakh for the company and ₹50,000 for an officer. It is a proposal until passed and notified.
Will AGMs by video conference become permanent?
Not in the Act yet. Today a virtual AGM rests on MCA's General Circular 03/2025 of 22 September 2025, which allows AGMs by video conference until further orders on the conditions of General Circular 20/2020. The Corporate Laws (Amendment) Bill 2026 proposes a new section 96(3) allowing physical, video or hybrid AGMs, with a physical AGM at least once every three years.
Two further details of the proposal: members who can requisition a meeting under section 100(2) could insist on hybrid mode, and the manner and conditions would be set by rules. Neither applies until the Bill is passed and notified, so check for any later MCA circular before planning a virtual AGM.
Common AGM date mistakes
Most missed AGM deadlines come from assuming the date rather than working it out.
- Assuming 30 September every year. An early AGM last year can make the deadline earlier, as the 15 May example shows.
- Counting the first year from the incorporation date. The first year ends on 31 March, and for January to March incorporations on the 31 March after next.
- Expecting an extension for the first AGM. None is available.
- Forgetting that filing dates follow the actual meeting. An AGM held on 20 August 2026 made AOC-4 due by 19 September 2026 and MGT-7 by 19 October 2026.
- Planning an AGM for an OPC. It does not have to hold one, but it still files AOC-4 within 180 days of the year end.
- Choosing the wrong annual return. A small company files MGT-7A, and from 1 December 2025 the limits are ₹10 crore paid-up capital and ₹100 crore turnover (G.S.R. 880(E)).
How Ofin can help
Ofin's company annual compliance service, from ₹19,999, works out your AGM date, prepares the financial statements and AGM papers, and files ADT-1, AOC-4 and MGT-7A within their deadlines. If an AGM or a filing has already been missed, we file the overdue forms and tell you the additional fee before you pay.
