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Due date of first agm (Corporate Law)

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This query is : Resolved

Author : Anonymous

( Author )
02 January 2012

A Pvt Ltd Company Incorporated on 09.06.2010
Business commencenced on 09.06.2010
F.Y. ends non 31st Mar'2011
what will be the due date of AGM


CS Ankur Srivastava

( Expert )
02 January 2012

While deciding the due date of AGM one should consider section 166 along with section 210 of the Companies Act, 1956.

Accoridingly, the due date of first AGM will be 30th December.


CS Jithesh (ACS,)

( Expert )
02 January 2012

Ankur, I am not clear how we can fix the agm on 30th Dec 11. The Company should conduct the AGM within 18 months from the date of incorporation. In this context the date of incorporation is 9/6/10 and hence as per Sec 166, the AGM should be convened atleast by 8/12/11.

This is my view. Kindly rectify if Iam wrong :)


Jiten Gupta

( Expert )
02 January 2012

As per my View Due Date of First AGM shall be 8th December 2011.

1st AGM shall be held Earliest of the following:

1.) 9 Months from the end of Financial Year i.e. 30 Dec 2011 (Section 210)

2.) Within 18 Months from the Date of incorporation i.e. 8th Dec 2011 (Section 166).


And this AGM held on 8th Dec 2011 shall be treated as AGM for the year 2010 and 2011.
As there should be atleast an AGM in every calendor year but this is not applicable in first AGM.
So as per my view Due Date of 1st AGm is 8th December 2011.


Parashar

( Expert )
02 January 2012

The due date for holding first AGM shall be 08/12/2011.


Author : Anonymous

( Author )
02 January 2012

Thanx to all


Neha Jain

( Expert )
02 January 2012

Due date of AGM shall be 08.12.2011 and in case 08.12.2011 happens to be a public holiday then it will be a day preceding 08th december 2011 on a day which is not a public holiday.

Thanks


Neha Jain

( Expert )
02 January 2012

Due date of AGM shall be 08.12.2011 and in case 08.12.2011 happens to be a public holiday then it will be a day preceding 08th december 2011 on a day which is not a public holiday.

Thanks


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