What are the legal requirements for holding a company's Annual General Meeting?

Question

My company's first year has ended and I want to know when and how we must hold the AGM under Indian company law. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

What are the legal requirements for holding a company's Annual General Meeting? is governed in India primarily by Companies Act 2013, Section 96, Companies Act 2013, Section 101 and Companies Act 2013, Section 102. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

Section 96 requires every company except OPCs to hold an AGM each year, with the first AGM within nine months of the end of the first financial year and subsequent AGMs within six months of the financial year end.

The gap between two AGMs cannot exceed 15 months, and the meeting must be held during business hours on a day that is not a national holiday at the registered office or the city where it is situated.

Section 101 requires at least 21 clear days' notice of the AGM to members, unless a shorter notice is consented to by members holding not less than 95 percent of voting power.

Section 102 requires an explanatory statement to accompany the notice for any special business, disclosing the nature and extent of interest of directors or key managerial personnel.

Failure to hold the AGM within the prescribed time allows the Registrar or the Tribunal to call or direct the calling of the meeting, and the company and officers can face penalties.

What to do next: 1) Fix the AGM date within the statutory window after the financial year ends; 2) Issue notice at least 21 clear days in advance with the required explanatory statements; 3) Ensure quorum as prescribed in the articles or Section 103 is present; 4) File the AGM resolutions and minutes with the Registrar where required.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Companies Act 2013, Section 96 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in this practice area.