You can now organize a AGM and resolve all pending issues

Yes, you need follow Company Law act, and can sue all those illegal formalities took place in your organisation.

Kindly forward me all details of past so I can work on it and provide you proper directions.

The same will be penalised asper the company law .

Complain to registrar of cooperative society against society failure to hold AGM and to appoint administrator for society for failure to hold AGM 

extension request is not yet decided

if extension is allowed then there will be no consequence

if the AGM is not yet held then the lockdown period can be excluded and an application can be made for condoning delay beyond the extension period for holding the AGM

If it's not held due to covid issue then it will be condoning. The result of same is expiry of the said managing committee. 

Ok, let me check on this too.

In that case the committee is expired. Now agm has to be conducted if the said agm is after the maximum tenure of the said committee. After that fresh committee has to be appointed

You have failed to call for AGM within extended time 

hence administrator would be appointed for society 

Any default is made in complying or holding AGM of the company, the company and every officer of the company who is in default shall be punishable with fine which may extend to 1 lakh and in case of continuing default, with a further fine which may extend to rs. 5,000.

Conduct now to avoid further consequences.

Hi 

Since already Registrar had granted extension of time till end of 2019, but however for reasons specific to you, you have not held AGM within specific time and as such Section 99 of Companies Act will be applicable. 

Section 99 reads as follows: If any default is made in complying or holding AGM of the company, the company and every officer of the company who is in default shall be punishable with fine which may extend to ` 1 lakh and in case of continuing default, with a further fine which may extend to ` 5,000 for each day during which such default continues.

In your case, since already Registrar has granted extension of time, you should now approach the High Court and file a WRIT under Article 226 .

In one similar case, earlier , we had approached Hon’ble NCLT, Chennai Bench in the matter of MMC Doortech Services Private Limited V. Registrar of Companies and Honorable NCLT had granted extension and also levied penalties for delay in conducting AGM . 

Though we got an extension for the client by approaching the Honorable NCLT, Later we realised that filing a Writ in High court praying for extension of time for conducting AGM was the right approach. 

Hope this information is useful.

1.  If AGM within the prescribed time period or even the extended period is not held then the company and every other officer of the company acting on its behalf and are in default will be punishable with fine which may extend to INR One Lakh and in case of continuing default with a further fine which may extend to INR 5000/- per day during the continuance of such default.

2. Hold the AGM immediately showing the ground of Covid19 for the delay.

It can again be applied and extended 

1. You have already defaulted in holding the AGM even during the extended period.

2. You might be punished if anybody complaints to the appropriate authority about the said default.

3. Hold the meeting at the earliest, maybe virtual meeting if possible, and show Covid19 as the ground for the said default/delay in holding the AGM.

Companies which are not holding their annual general meeting with in stipulated period as laid done in the act are contravening the requirements of section 96 of the Act and liable to pay fine under section 99 of the Companies Act, 2013.

Annual General Meeting is very important for a company because of the business transacted at that meeting and in this context a perusal of Section 96 and 102(2) is compulsory which describes the very purpose and nature of the business which is to be transacted in such meetings. 

Section 96 of the new Companies Act makes it mandatory to hold the First Annual General Meeting within the timeframe of 9 months from the date of the closing of the financial year of a company and no extension of time can be allowed for delaying the first AGM of any company. Additionally, it provides that the gap between the holding of two AGM’s should not be more than 15 months. To put it simply it means that there must be one AGM held in each calendar year. In cases where a company has to hold its AGM for the first time and such meeting is properly convened within 9 months from the date of closing of its financial year then it isn’t necessary for such company to hold another AGM in the year of its incorporation. In all other cases, the company has to hold its annual general meeting within a period of 6 months from the closing of its financial year.

Due to the current pandemic and covid-19 situation, there is a general extension of time for all those issues which could not be done by the deadline of March 2020, you may find some grounds based o the current situation.

Your auditor may give some clue on this.

Furthermore, where such company fails to act according to the mandate of Section 96 i.e., to hold its AGM within the prescribed time period or even where an order for holding of AGM is passed by a tribunal under section 97 and the company fails to comply with the order of the tribunal then the company and every other officer of the company acting on its behalf and are in default will be punishable with fine which may extend to INR One Lakh and in case of continuing default with a further fine which may extend to INR 5000/- per day during the continuance of such default.

Further, Section 96 states that Registrar may for any special reason explained to him by the company or its members extend the prescribed time period of holding AGM by a period not exceeding 3 months.

According to the Section 439 of the Companies Act, 2013, every offence except those referred to in Section 212 (6) shall be deemed to be non-cognizable. Further Section 439 (2) provides that no court shall take cognizance of any offence unless the complaint is in writing against the company or any officer thereof who is in default, by the Registrar, a shareholder of the company or a person authorised by the central government

1. IF it is an Indian Co., who was failed to hold AGM on due dates, THEN ROC is entitled to file prosecution in the local Magistrate's Court, for orders of punishment & penalty.

2. However, you are entitled to "compound the violations" in court by post de facto compliance's and filing your affidavit for the same alongwith the prescribed penalty etc....

3. This is a usual event in India and courts usually compounds the violations of law, by levy of prescribed penalty etc.... with consent of ROC.  In very rare cases, the courts will pronounce punishment leading to imprisonment.

Dear Sir,

You are suggested to do the compliance as per the company law else, you will be penalised. 

Yes.

Section 96 of the new Companies Act makes it mandatory to hold the First Annual General Meeting within the timeframe of 9 months from the date of the closing of the financial year of a company and no extension of time can be allowed for delaying the first AGM of any company. Additionally, it provides that the gap between the holding of two AGM’s should not be more than 15 months. To put it simply it means that there must be one AGM held in each calendar year. In cases where a company has to hold its AGM for the first time and such meeting is properly convened within 9 months from the date of closing of its financial year then it isn’t necessary for such company to hold another AGM in the year of its incorporation. 

Section 99 of the Act provides for punishment in case of non-compliance of holding meetings under section 96 or section 97 or section 98 or in non-complying with any directions of the Tribunal, the company and every officer of the company who is in default shall be punishable with fine which may extend to one lakh rupees and in the case of a continuing default, with a further fine which may extend to five thousand rupees for every day during which such default continue

If AGM couldn’t be held on time, neither extension was sought, Company may go to NCLT/RD under compounding of offenses.. 

1. Executive committee of association can be dismissed if some one make complaint to registrar of societies.

2. He can appoint administrator till further election of association.

File for granting another extension. You should hold it and convey the same nevertheless.

Cite some operational issues as reasons including COVID-19.