CA Gaurav Kaushik (Practicing Chartered Accountant) (123 Points)
05 April 2013
CA. Kapil Goel, DISA(ICAI)
(cakapilgoel.wordpress.com)
(2191 Points)
Replied 05 April 2013
According to section 166(2) every AGM must be held either at the registered office of the company or within the city, town or village in which the registered office is situated. An AGM cannot be held elsewhere. but 166(2) has two exceptions also. According to it, a private company, which is not a subsidiary of a public company (simplicitor private company) can fix the place for all its AGMs by its articles or by a resolution passed in an AGM or by a resolution agreed to by all the members of the company, ie by unanimous consent of all its members. This resolution need not be passed at a general meeting of the company, since it is required to be "agreed to" by all the members. Such a resolution can be passed by obtaining individual consent of each member without holding a meeting.
By any of these methods a simplicitor private company can decide to hold an AGM other than the place specified in sub-section (2), namely the registered office of the company or some other place
CA Gaurav Kaushik
(Practicing Chartered Accountant)
(123 Points)
Replied 02 December 2013
But can this place be outside or India or is restricted to the City Village town in in which Regd office of the company is situated
Kindly Clarify
with Due Regards
P C Agrawal
(Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad)
(8229 Points)
Replied 03 December 2013
CAclubindia
