Company law

Querist : Anonymous (Querist) 28 September 2011 This query is : Resolved
Determination of due date of AGM.

Company year end : 30.09.2010
Last Agm held : 28.12.2009

Due date of AGM will be 28.03.2011, keeping in mind Section 166 and 210 of Companies Act.

Pl Correct if i am wrong.

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Raj Kumar Makkad (Expert) 28 September 2011
You are absolutely right in view of provisions of sections 166 and 210.

Sailesh Kumar Shah (Expert) 28 September 2011
i have similar opinion as makkad sir.

Querist : Anonymous (Querist) 28 September 2011
Thanx,

As per Sec. 166 Every company shall in each year hold its AGM.

In above situation AGM is not held in same calender month.

What can be the remedy?

Sailesh Kumar Shah (Expert) 28 September 2011
Dear Anonymous,
you are quite right.Thanks for correct me.

correction needed in your query....
'Calender month' be instead of 'Calender year'.

Section 166 says that 'AGM shall be in each calendar year'.

Sailesh Kumar Shah (Expert) 28 September 2011
AGM SHALL BE HOLD UPTO 31/12/2010 as per section 166 of the Companies Act.

prabhakar singh (Expert) 29 September 2011
AGM means every year from the last meeting being 28.12.2009,next due AGM on or before 28.12.20010,where after in 2011,it can be held up to 28.12.2011.

Failure to follow section 166 gives rise to consequences given in sections 167 & 168.

Sailesh Kumar Shah (Expert) 30 September 2011
Shri Prabhakar Singh ji

With due respects, I would like to draw your kind attention on the following:

Section 166 says AGM hold in every calendar year. it can be hold upto 31/12/2010 (not upto 28/12/2010 as you said)subject to section 210.

Thanks

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