Company Secretary and Compliance Officer
114783 Points
Joined January 2009
Kindly appreciate:
Let us first decide what is your financial year—your first financial year would be from 28.02.2008 to 31.03.2009 i.e. a period of 13 months and 01 days.
Applicability of Section-166 read with section-210 suggest in your case
As per Section-166 last date for holding your AGM would be August 27, 2009 i.e. 18 months from the date of incorporation of the company.
As per section-210 Balance Sheet & Profit and Loss A/c shall lay before the members in case of first AGM with in 9 months from the end of financial year i.e. last date for holding your AGM as per section-210 would be December 31, 2009.
Conclusion as per the rule of Harmonious construction
As per my opinion your first financial year is ending on March 31, 2009 and as per section-210 you may hold your first AGM up to December 31, 2009. But here if you follow section-210 blindly without application of section-166 then there would be violation of section-166 regarding First AGM in 18 months provision.
Final Answer—To conclude in your case last date for holding first AGM would be August 27, 2009 which is in line with the provisions of both the sections.
Best Regards