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AGM date

Alex Fernandes (PCC STUDENT) (186 Points)

22 February 2010

Hello i wanted to know that can agm and signing of balance sheet and audit report,accounts could be same

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11 Replies

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 22 February 2010

No. It is not possible.

First adopy BS & Audit report in the BM along with AGM notice. Issue 21 days notice to shareholder for AGM.

So there must be atleast 25-28 gap between adoption of BS and AGM.

Regards

Divya.M (CA Final Student) (274 Points)
Replied 22 February 2010

No. It s not possible. Balance Sheet shld Bear a date b4 21 days(atleast) the AGM date. cos after the Balsheet s audited oly AGM shlg take place where d audited balsheet s layed b4 the members

CourseCart.in (Mentor at SHAYVIDZ Academy) (3756 Points)
Replied 22 February 2010

Dear Alex,

In my opinion, it is possible...

A General Meeting may be convened by giving :-

Not less than 21 Clear days notice to the members and such notice shall specify the place date and hour of the meeting and shall contain a* statement of the business to be transacted there of,

A General Meeting of the Company may also be convened by a shorter notice as provided for in sub-section (2) section 171 of the Act.

Section 171
LENGTH OF NOTICE FOR CALLING MEETING.

(2) A general meeting may be called after giving shorter notice than that specified in sub-section(1), if consent is accorded thereto -
(i) in the case of an annual general meeting, by all the members entitled to vote thereat; and
(ii) in the case of any other meeting, by members of the company (a) holding, if the company has a share capital, not less than 95 per cent of such part of the paid-up share capital of the company as gives a right to vote at the meeting, or (b) having, if the company has no share capital, not less than 95 per cent of the total voting power exercisable at that meeting : Provided that where any members of a company are entitled to vote only on some resolution or resolutions to be moved at a meeting and not on the others, those members shall be taken into account for the purposes of this sub-section in respect of the former resolution or resolutions and not in respect of the latter.

So, in my opinion, the company can call BOD Meeting at morning and adopt the BS & Audit Report and issue Notice of AGM of the same day and take consent of ALL THE MEMBERS of the company in that AGM.

Also note that a private limited company can make any type of provision for shorter period notice in AOA because Section 170 gives the power for the same..

Section 170
SECTIONS 171 TO 186 TO APPLY TO MEETINGS.
(1) The provisions of sections 171 to 186 -
(i) shall, notwithstanding anything to the contrary in the articles of the company, apply with respect to general meetings of a public company, and of a private company which is a subsidiary of a public company; and
(ii) shall, unless otherwise specified therein or unless the articles of the company otherwise provide, apply with respect to general meetings of a private company which is not a subsidiary of a public company.

Adarsh

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 22 February 2010

Agree with the observation. Shorter notice may be an option. But don’t forget to get the shorter notice form signed from members. Find enclosed the format for shorter notice form.

Regards

Attached File : 6 sample shorter notice consent for gen meeting.doc downloaded: 597 times

Kausha Mehta (CS FINAL STUDENT) (187 Points)
Replied 22 February 2010

Yes shorter notice can be given with due permission of board members

vasudevan (.) (376 Points)
Replied 23 February 2010

Just to reiterate, shorter notice is possible only if there is an enabling provision in the Articles of the Company. Else, consent from ALL the members should be obtained for conducting the AGM at shorter notice.

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 23 February 2010

For the adoption of shorter notice consent method authorization from Article or enabling provision in the AOA is not required.

Manish (Company Secretary & LawOfficer) (24 Points)
Replied 09 August 2010

what about the Notice requirement to the Auditors.

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17848 Points)
Replied 10 August 2010

First of all, i agree with the view of Mr. Adarsh. However, it is pertinent to mention that this provision is available only in case of closely held companies, having few shareholders.

However, in other cases this option is only option in the books but practically not possible.