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CA Intermediate · Corporate and Other Laws · Accounts of Companies

Orbit Retail Ltd, a public company, held its Annual General Meeting on 20 September for the financial year ended 31 March, the statements being adopted there. The company secretary is working out the filing deadlines with the Registrar. Which is the correct position under the Companies Act, 2013 as to the filing of the financial statements, assuming the financial statements were adopted at the AGM?

Where the financial statements are adopted at the AGM, a copy must be filed with the Registrar within thirty days of the AGM date, with the prescribed fee. The period runs from the AGM, not from the year end, and filing is mandatory without any call from the Registrar.

  1. AFile the financial statements with the Registrar within thirty days of the date of the AGM, in the prescribed form with the prescribed feeCorrect
  2. BFile within six months of the close of the financial year, irrespective of the AGM date
  3. CFile within ninety days of the AGM along with the annual return
  4. DFile only if the Registrar specifically calls for them

Explanation

After the financial statements are adopted at the AGM, a copy must be filed with the Registrar within thirty days of the AGM date, with the prescribed fee. The deadline runs from the AGM, not from the year end. Filing is mandatory and does not depend on a call from the Registrar. Ninety days is not the period for this filing.

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