If the Notice for an AGM is not sent before 21 days of thhe AGM and the consent of directors is also not obtained then what will be the consequences. Please give reference to respective extract of Companies Act.
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AGM - Short Notice
Replies (5)
ACC TO SEC 289 OF COMPANIES ACT, 1956 A CIRCULAR RESOLUTION CAN BE PASSED FOR THE SAME.
OTHER EXPERT VIEWS MUST BE TAKEN INTO CONSIDERATION.
Dear Friend
If you don’t have sufficient time to circulate notice of AGM then you can follow the procedure of calling of AGM at shorter notice.
For shorter notice you must check the following:
-
Consent of all shareholder in Form 22A
-
Check your articles for gap between circulation of notice and date of AGM.
Regards
CS Ajay Mishra
You will have to follow provisions of Shorter notice. COnsent of Director for calling AGM can be obtained by Circulation but in practice it is done in the meeting in which your Board has approved the Fonancial Statements for the year and Directors report thereto.
Hi Friends ,
Pls tell me what i will do?
We have incorporated a Private Limited company in financial year 2005-2006, Burt sorry to say that after that we have not yet complete any ROC formalities and not files ITR of the same since 2005. Now i got a notice from ROC that we are defult on ROC( not filed annual return, not held AGM etc ). what is the penalties U/s 168 of companies act,
Please give me some suggesstion, what i will do.
Dear Friend
I would suggest to file Balance sheet , Annual Return of the preceding financial year and make reply giving details of the filing of documents lake SRN, date of filing and Financial Year to which forms are related.
Regards
CS Ajay Mishra
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