dear members kindly throw some light on the following,
while seeking extension for holding AGM, its provided in sec 166(1) that such application should be filed before the due date of agm. Now if the due date is 30 th sept., then technically an application filed even on 29th sept should be held legally valid.
but there is one contrary opinion which suggests that such application should be filed atleast 23 days (21+2) before the due date (which is in effect in line with the requirement of service of notice of agm which should be sent atleast 21 clear days before the AGM)
please suggest which one of the above contention should be held true.
regards,
ACS Rahul
Company Secretary and Manager-Legal
CAclubindia
