Adjournment of AGM

Dear Payal

In this case apply with ROC for extension in AGM Date

Regards

but we can only apply ROC for extension before the due date of AGM.

but in that case due date of AGM is 30th september, 2009

n now we can't apply  ROC for extension......

Hi,

If date of signing of Auditor report is 23rd December 2009 then AGM cannot be convened before January 2010 and in that case there would be no benefit to apply for ROC extension. Moreover ROC will reject your application bcoz application must be submit before the expiry of statutory period i.e. September 30, 2009.

ROC filing may be late but fixing of AGM date must be as per law and there is no margin for error.

You have to convince your auditor.

Thanks

Dear Payal,

Ankur Sir, is right. The only thing you can do is that convince your auditor and get the Balance Sheet signed on a back date, show AGM within 30th September and due the filing now. You will also get the benefit of Company Law Settlement Scheme, 2010 as it waives 75% of additional fees. So take the benefit of this opportunity.

Regards.

Ritu.

In that case can we extend our Financial Year..?? (from March to June 2009)

N Fix the AGM date 30th December, 2009 by special notice...........

Can we do it.........??

Please do not complicate the things for yourself…

I agree with ANkur Sir,

The simple remedy is  to convince the auditor.

its a nice solution and all companies do this type of work.

provide some money to your Auditors.

Regards

Even auditors are well aware about the provision, convince them for signing before due date of AGM.

POWER OF COURT TO GRANT RELIEF--SECTION 633

In a matter like the one mentioned above, where the delay in holding the AGM and placing before it the audited accounts is beyond the control of the Board of Directors of a Company and is not due to the negligence, default, breach if duty etc of the Directors, it will be in the interest of the Directors themselves to move the High Court having jurisdiction with a prayer that they have acted honestly and reasonably and having regard to the circumstances of the case they ought fairly to be relieved.  In such a proceeding the Court will give notice to the Registrar and take his views on the matter before passing its order. See also Chapter 13.

Regards.