Live Course on Drafting of Appeal and Reply of Penalty Notice by CA Sachin Sinha. Register Now!!

Business to be transacted at meetings

Viren (Legal) (47 Points)

14 November 2011

1. What are the types of meeting a company can hold ? 2.What business can Transacted at such meetings. 3.Please provide sections in the companies act

Reply
Follow
Share

4 Replies

Giridhar S Karandikar (Team Lead) (7543 Points)
Replied 14 November 2011

There are only three types of meeting held by the Company as follows:

1) Statutory Meeting u/s 165 of the Act, Everycompany limited by shares, and every company limited by guarantee and having

a share capital, shall, within a period of not less than one month nor more than

six months from the date at which the company is entitled to commence business,

hold a general meeting of the members of the company, which shall be called

"the statutory meeting".

2). Annual General meeting whihc is required to be held u/s 166(1) of the Act, 1956. This meeting is required to be held every year by the company & the gap between two AGM's should not be more than 15 mths. In this meeting normal business of the comapny is being transacted such as appointment of directors, auditors, declaration of dividend etc...

3). Extra-ordinay General meeting. u/s 167. This meeting is beng called to discuss any special issues for which the comapnay cannot wait till the AGM is being held. The special issues may be appointment of directors/auditors due to their resignation etc..

Viren (Legal) (47 Points)
Replied 14 November 2011

Thankyou Mr Giridhar for the quick response. Just one clarification in point 3, EGM falls under section 169 of the Companies Act.Also i have just read that there has to be 4 board meetings that have to be held in a year in accordance with Section 285 of the Companies Act, 1956. You have answered correctly to point 1 of what i have asked.Thankyou for that. But the second part of my question remains unanswered. I also wanted to know what business/minutes can be held at these meetings ? Section 173 talks about AGM n the minutes that are to be held as ordinary business. What about at the EGM n Statuatory meeting. What business can be handled here ? Thankyou

Viren (Legal) (47 Points)
Replied 14 November 2011

I also found SECRETARIAL STANDARD ON MEETINGS OF THE BOARD OF DIRECTORS. Please tell me if it applies https://www.icsi.edu/WebModules/Publications/SSONMEETINGSOFBOARDOFDIRECTORS(SS1).pdf

Giridhar S Karandikar (Team Lead) (7543 Points)
Replied 15 November 2011

At Statutory meeting whihc is held only once in the lifetime of the company only the points relating to teh formation of the company, the various expenses incurred in formation of the company, the share capital of the company etc are discussed.

As regards your questino relating to explanatory statemetn to be attached u/s 173, this is done only in case of an EGM. At EGM only business of special importance is required to be discussed & the business is so important that the company cannot wait until the holding of the AGM. Also at EGM matters relating to resignatino of say the MD of the company which needs to filled immediately are discussed and such other matters.

Secondly if at the Board Meeting the requried Quorum is not present & the matter is of so urgency that it needs to be done, then the Company shall hold the EGM & get the matter approved by the shareholders.

Hope the above would clarify your doubt regards the business to be transacted at EGM & SM.

Moreover SM is required to be held only in case of an ltd co & not in case of an pvt. ltd. co.

1 Like