Query regarding the holding of AGM and due date of AGM

This query is : Resolved

Guest

Guest (Querist)

15 October 2009 Query regarding the holding of AGM and due date of AGM for the following companies :

A Private Company.

Date of Incorporation :18.03.2008
Financial Year end date :31.03.2009
Date of First AGM :17.09.2009
Due Date of AGM :17.09.2009

For A, I am considering 18 months from Date of incorporation.

B Private Company.

Date of Incorporation :12.05.2008
Financial Year end date :31.03.2009
Date of First AGM :30.09.2009
Due Date of AGM :31.12.2009 (or 11.11.09)

For B, I am considering 9 months from the financial year end date 31.03.2009.

Experts may express their views and clarification for my understanding.

CA. Aryendra

CA. Aryendra (Expert)
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16 October 2009 Obviously 11.11.09 because section 210 cannot overrule to specific provision of Section 166 related to annual general meeting.
You have to comply both sections therefore the date of AGM will be 11.11.09

Guest

Guest (Querist)

16 October 2009 Thanks Mr. Aryendra for your response.

I am sure for A Private Company, you agree with the dates mentioned by me. That's why, you have not commented.

For B Private Limited, you mean to say that the 'due' date of AGM should be 11.11.09.

Please confirm my understanding.

Once again, Thanks.

SHIVRATAN SHARMA

SHIVRATAN SHARMA (Expert)
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19 October 2009 The due date of AGM for B Private Limited will be 11.11.09 as per Section 166.Section 166 clearly says that the first AGM may be hold with 18 months from incorporation.

CA. Aryendra

CA. Aryendra (Expert)
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19 October 2009 Dear Deekay

In case of A you are correct

and in case of B company Mr. Shivratan Sharma is correct