Agm
Guest
(Querist) 11 June 2013
This query is : Resolved
A Pvt. Ltd Company had held its AGM on 30th Sept,2012,which was a Sunday.While fixing the date of the meeting,they did not check that it was a Sunday.After filing the Returns with the McA,they received a show cause notice from McA for violating the provisions of Section 166 of the Act.As a Consultant,please advise,what should be the proper explanation to the said notice?
V R SHROFF
(Expert) 11 June 2013
Arun ji,
You being Consultant with long successful experience. So you are the best judge.
However, I suggest following:
Try to find any such citations , or talk to ROC authority, for any way out,if it had happened earlier.
OR Finally accept the mistake and apologize, if nothing can be done, and accept any penalty, or fix another AGM, as per guideline/ order of Registrar of Companies authorities.
This being Pvt Ltd Company, and General Public is not involved, and must have not been objected by any pvt share holders or Directors, You may advise to file Affidavit that it was so decided by all concerned for their convenience, being Pvt Co.
The Co might have held meeting on 20th Sept, 2013, and it was probably a typographical error. & Submit Minutes of Meeting with Resolution passed on 20-9-2013. [ or on next date 1-10-12, 30th being Sunday. ]
As no damage is done to anybody, the matter can be considered in low profile by McA. , and ratify chg date.
Of course , you know better. !!
