Conduting egm outside india

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suresh subramanian (Querist)

29 February 2012 We are a 100% German company, incorporated in india.

Kindly let us know whether we can conducting the EGM outside India in case for the increase of the share capital.

A.V.Suresh Subramanian
9791905733

Ajay Mishra

Ajay Mishra (Expert)

29 February 2012 If a company is incorporated in India, then it will be an Indian Company and the provision of Companies Act, 1956 will apply. The Companies Act not permit to conduct general meeting outside India.

It will not be treated as German Company.

Regards

Parashar

Parashar (Expert)

29 February 2012 Please see this link, Ajay sir please

https://www.caclubindia.com/experts/egm-557665.asp

Ajay Mishra

Ajay Mishra (Expert)

29 February 2012 Dear Parashar

I have also given my view for Indian Company not German Company, Indian company can do:

Time, day and place of Extraordinary General Meeting
Unlike an annual general meeting, an extraordinary general meeting may be held at any time, on any day and at any place. Thus , extraordinary general meeting may be called even for a time beyond business hours ,on a public holiday and at a place other than the registered office of the company ,even outside the state in which the registered office of the company is situated or out side INDIA ( Please refer to Company law book by K.M.Ghosh & Dr. K .R. Chandratre’s page no.2511 para 1.4)

suresh subramanian

suresh subramanian (Querist)

29 February 2012 thank you very much sir.
I understood from you reply that Indian company ( even 100 % share held by German company) the comapny can conduct EGM outside India.

Thanks & Best Regards
A.V.Suresh Subramanian
97919 05733

Ajay Mishra

Ajay Mishra (Expert)

29 February 2012

Right, an Indian company in which German stake is 100% can conduct EGM anywhere.

Regards

suresh subramanian

suresh subramanian (Querist)

29 February 2012 thank you very much sir

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