Regarding extension of agm

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Querist : Anonymous

Querist : Anonymous (Querist)

23 September 2013 The due date for AGM is 30.092013. LAst AGM was held on 21.082012. We intend to hold AGM on 26.10.2013. Can I file an application to ROC for extension of AGM today? If not what are the implications of holding AGM on 26.10.2013 without applying for extension?

Ajay Mishra

Ajay Mishra (Expert)
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23 September 2013
Extension in time for holding annual general meeting:

The power of the Registrar conferred by the second proviso to section 166(1) enabling him to grant extension of time to hold the annual general meeting is exercisable by the Registrar without restriction or qualification up to a limit of three months. He can, therefore, grant extension of time for special reasons up to the maximum limit of three months, even if such extension allows the company to hold its general meetings beyond the calendar year

The Registrar shall grant an extension of time for holding the annual general meeting of a company under the second proviso to sub-section (1) of section 166 only when the application for such extension is made to him before the expiry of the period laid down in sub-section (1) of that section. Therefore, if a company considers that it will not be possible for a company to hold the annual general meeting within six months from the conclusion of the financial year, the company shall make an application in the prescribed e-Form 61 (prescribed by the Notification No. GSR 56(E) dated 10th Feb., 2006 by the MCA) electronically with the Registrar before the due date for holding the said meeting. The application may be made by a letter giving full justification for seeking extension of time certified by the chartered accountant or company secretary or cost accountant in practice.

Ajay Mishra

Ajay Mishra (Expert)
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23 September 2013
Application for extension of time under section 166(1), second proviso to be made before the expiry of the period:

The Department's view is that the Registrar should grant an extension of time for holding the annual general meeting of a company under the second proviso to sub-section (1) of section 166 only when the application for such extension is made to him before the expiry of the period laid down in sub-section (1) of that section.

Source: Company News and Notes July 1, 1963 issue.

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