Date of agm

This query is : Resolved

Pooja (Querist)
Follow

22 October 2012 Dear Experts,

I have one query regarding date of AGM... does the date of filing of ITR of the Company matters the date of AGM. or it can be after the date of filing the ITR also.??

Please clarify the point sir..

AM I RIGHT?
1. the date of Balance Sheet and Auditors' report should be any day before the date of NOTICE of AGM.

2. the Board report date should not be before the date of Auditor's report and practically it can be same day.

3. Notice should 21 clear days of the AGM date.

Please help in this regard.

Thanks

Best Regards

Pooja

Pooja

Pooja (Querist)
Follow

22 October 2012 kindly reply to this query....

Pls..

Ajay Mishra

Ajay Mishra (Expert)
Follow

22 October 2012 Hi

Yes, the date of Audit Report, Balance Sheet and Director Report should be the date before the date of AGM. The gap with in the date of Board meeting and the date of AGM should be 25 days (both days inclusive).

The signing of all Audit Report, Balance sheet and Director Report should be date of Board Meeting. Notice of AGM should also maximum time gap of 25 days as discusses ed above.

Ajay Mishra

Ajay Mishra (Expert)
Follow

22 October 2012 Hi

Manner of counting 21 days for notice of a general meeting:

For notice of meeting sent by post, period of 21 days is to be counted from expiry of 48 hours after posting. [Balwant Singh Sethi v Sardar Zorawarsingh Hushnak Singh Anand (1988) 63 Comp Cas 310 (Bom)].
As provided in section 171, an advance notice of not less than 21 days shall be given for calling a general meeting of members. The requirement of 21 days means 21 clear days, exclusive of the day when notice is served and the day when the meeting is held [Bharat Kumar Dilwalia v Bharat Carbon and Ribbon Manufacturing Co. Ltd. (1973) 43 Comp Cas 197 (DB)(Del). (See also N.V.R. Nagappa Chettiar v Madras Race Club (1949) 19 Comp Cas 175 (Mad)]. Thus, there should be at least 23 clear days for the despatch of a notice for a general meeting.
In this connection, section 53(2) provides that the service of a notice for a general meeting shall be deemed to have been effected at the expiration of 48 hours after the same is posted. There is one section of opinion that the said 48 hours (two days) shall also be added to the requirement of 23 days for a notice for a general meeting. Thus, the notice shall be sent 25 days in advance. When the full notice is advertised the period of 21 days starts from the day of the advertisement appears and the day of the meeting shall be excluded. In that case the explanatory statement need not be advertised but may be sent to the members alongwith the notice.

Message likes : 1 times

Pooja

Pooja (Querist)
Follow

22 October 2012 And one more query sir...

ITR filing date matters the date of AGM??

Or i can say.. that the date of AGM can be after of ITR date..

eg. we hav filed ITR on 21st Sep 2012
and the date of AGM is 25the Sep 2012

Is it possible...

Ajay Mishra

Ajay Mishra (Expert)
Follow

22 October 2012 I thing , AGM date is not required for ITR filing, so it not matter.

Pooja

Pooja (Querist)
Follow

22 October 2012 ok.. thanku so much sir..

CA H M JOHARI

CA H M JOHARI (Expert)
Follow

17 August 2013 As Per C Law there is no maximum time limit between Notice of AGM and AGM date, However 21 clear days Notice required to Hold AGM

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now

Join the CA Students WhatsApp Community for ICAI Updates, Trending Courses & Notes!

Similar Resolved Queries

Unanswered Queries

Popular
Recent

Trending Online Classes

Direct Tax Laws & International Taxation May 26,Sept 26 & Jan 27

CA Arvind Tuli

Enroll Now
Audit Fast Track Recorded Batch For May 26,Sept 26 & Jan 27

CA Aarti Lahoti

Enroll Now
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English

CA Bhanwar Borana & CA Shubham Keswani

Enroll Now

view all classess

Meet our CAclubindia PRO Members

Lalan Kumar Jha

Kamaljeet Kaur

Navneet Pratap Singh

RATI MALU

jayaraman

Subscribe Now

Date of agm

Similar Resolved Queries

Trending Online Classes

Meet our CAclubindia PRO Members

Quick Links

Browse by Category

Latest Job Openings

Senior Executive

Manager- Finance and Compliance

GST CONSULTANT

GST CONSULTANCY

Accountant

CA Final

Article Assistant

Associate CA