Dear Experts,
I am well aware that under the Companies Act, 2013, section 100 provides that the Board may call an extraordinary general meeting.
Now considering both the drafting of the said section and practicalities, I am keen to consider that if the Board "may" call an EGM, when all members of a company are in a room, no provision under the Act prevents them from holding an EGM that has not been convened by the Board itself. After all, section 100 does not say that an EGM has to be convened by the Board, only that the Board may call for it.
On a more practical note, this would be at least required whenever the whole Board has rendered its resignation or when, for some reasons, directors of a company are not available to call for an EGM.
Do you agree with such view?
Thank you very much in advance.
CAclubindia
