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Padam Singh

Padam Singh (Querist)

19 July 2013 Can we held AGM out side of Registered office.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)

19 July 2013 Section 166(2) say Every annual general meeting shall be called for a time during business hours, on a day that is not a public holiday, and shall be held either at the registered office of the company or at some other place within the city, town or
village in which the registered office of the company is situate.

SO AGM can be held outside Registered Office but within he city, town or
village in which the registered office of the company is situated.

Padam Singh

Padam Singh (Querist)

19 July 2013 Sir, Thanks for update.

is there any loopholes for same, if we going to held it outside of city and available of cases

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)

19 July 2013 Dear do not look for loopholes. Go by the spirit of the LAW. This provision is there so that the management do not hold the AGM at such a place where it will not be convenient for shareholder to attend the AGM.

Padam Singh

Padam Singh (Querist)

19 July 2013 okay.......if shareholder want to it held in outside

Ajay Mishra

Ajay Mishra (Expert)

19 July 2013 In Addition to Expert reply.....

Place for holding an annual general meeting
Section 166(2) of the Companies Act, provides that the annual general meeting shall be held at the registered office or at some other place within the city, town or village where the registered office of the company is situated. Due to rapid urbanisation the municipal limits of certain cities and towns tend to be extended and in that case the municipal limits, which are followed under the Companies Act and the postal limits may not coincide. The DCA have recognised this contingency and have advised vide Circular Letter No. 1/1/80-CL.V and No. 6/159/PT/64, dated 16-2-1981 that a company can hold its annual general meeting within the postal limits of the city in which the registered office is situated if it is more convenient to its shareholders.