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Vaidyanathan (Advocate)     18 September 2024

Audited accounts in cooperative housing socuety

My wuestion

  1. if audited accounts are not ready before holding AGM on 30th Sept, can the society issue AGM notice and hold meeting.
  2. If due to any reason the final accounts of societ is not ready, what is the remedy and procedure to hold an AGM.


Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     18 September 2024

A Societry  can adjourn an Annual General Meeting (AGM) if the audited accounts are not ready:
 
If the financial statements are not ready for the AGM, the society can adjourn the meeting to a later date when the audited accounts  statements are ready.

Dr. J C Vashista (Advocate )     19 September 2024

Accounts of last financial year (duly audited) has to be produced and passed by AGM within 120 days of closure of the FY.

If AGM has been convened it should be postponed to submit annual accounts of the Society for approval, otherwise another SGBM has to be convened for the purpose.

VAIDYANATHAN VENKATESWARAN   23 September 2024

Sir,

if on the date of AGM the accounts are not presented, then on the day of meeting nothing can be discussed.

As per my knowledge only if discussions on a matter are not complete, only then the meeting can be postponed for that agenda.
if a matter is not presented at all, then a SGM has to be held for considering the matter.

I dont know if I am right, please clarify.

v. Vaidyanathan 

Dr. J C Vashista (Advocate )     24 September 2024

Presnetation of audited account of the Society has to be one of the agenda of AGM amongst other points to be deliberated / decided.

However, if accounts could not be presented the AGM may be postponed or another SGM be convened for the purpose of discussion and passing of accounts.


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