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agm extension

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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

Replies (3)

According to me your first contention is correct.

 

Simply file your application with ROC before Sept 30, 2010. Also collect receiving as proof of submission from ROC.

 

Regards

thanka Ankur Sir.

we have already filed it 2 days back.

but the contrary opinion was forwarded by senior PCS who was of the view that we must file it before 23 clear days or else the application is liable to be PRIMA -FACIE REJECTION.

Regards,

 

Rahul

If you still have any doubt pass back dated board resolution and attach along with form 61. You have to file form 61 with ROC for extension for holding AGM.


Also check the link below:


/experts/details.asp?mod_id=479915

 

 

SAMPLE BOARD RESOLUTION FOR SEEKING EXTENSION OF TIME FOR HOLDING ANNUAL GENERAL MEETING


RESOLVED THAT an application under Section 166 of the Companies Act, 1956 be submitted to the Registrar of Companies for extension of time for holding the annual general meeting upto the period of 3 months i.e. 17th December, 2010.


RESOLVED FURTHER THAT Mr. Mohit Verma, Director of the Company be and is hereby authorised to comply with all other formalities in this regard and to submit e-Form 61 with the Registrar of Companies.”


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