EGM before Statutory Meeting

Well, I dont see any type of restriction for holding EGM before statutory meeting.

Regards

Jaideep Pandya

Hello!

I also think the same, there is no such problem for conducting of EGM before statutory meeting.

Regards

Nidhi

Section 165(1) provides that a company which is obliged to hold statutory meeting shall within a period of not less than one month and not more than six month from the date at which the company is entitled to commence business shall hold a meeting of its members which shall be specified as Statutory Meeting.

The date of entitlement of commencement of business shall be considered as the date of certificate to commence business issued by the Registrar of Companies under section 149 of the Companies Act, 1956.

Meeting held prior to statutory period of one month is not a statutory meeting-{Gardner v.
Iredale (1912) 1 Ch.700}.

Notice must says that meeting is intended to be a statutory meeting-{Gardner v. Iredale
(1912) 1 Ch.700}.

Yes, a company can hold EGM before Starutory Meeting.

There is no restriction on holding EGM prior to Statutory meeting.

But the question here arises that why to hold the EGM. The company may hold Statutory meeting and can pass the resolutions in such Statutory Meeting as all the members will be present and the agenda in respect of resolutions can be sent along with notice but not to hold such meeting before one month of getting the certificate of commencement.