simple solutions for complex legal issue
165 Points
Joined October 2008
Dear Savitha,
1. Every company shall hold annual general meeting every year(calander) under sec.166(1).
2. Proviso to sec.166(1) specifies that the Registrar may extend time to hold agm within which agm shall be held for a period not exceeding three months.
3. Company law board may call or direct the calling of agm on an application made by any member of the company (sec.167(1). As such a company has no locus standi to file application.
4. The default is a continuing on.
5. The companies act does not bar the company from holding agm beyond the time limited.
6. Every officer of the company who is in default shall be punishable with fine which may extend to fifty thousand rupees and a further fine which may extend to 2500/- every day after the first during which such default continues.
Hence, your company may call and hold agm duly, and pay the fine.