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Place for conducting an EGM

Priya (CS & CA IPCC) (431 Points)

06 April 2010

Dear all

Can anyone please let me know as to where it has been stated that a company can hold an EGM at a place other than the Registered office of the company? Since, Companies act is silent, is there any case law where the same has been held valid??

Best Regards

Sakshi

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6 Replies

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 06 April 2010

Nowhere mentioned specifically.

Silence of law is enough to establish that EGM can be convened at a place other than Regd. Office. However any contrary view supported by a valid case/clarification is welcome.

Priya (CS & CA IPCC) (431 Points)
Replied 06 April 2010

Thank you, sir for your guidance.

One more thing is section 166(2) proviso states:

" Provided further that-

b) a private company which is not subsidiary of a public company, may in like manner and also by a resolution agreed to by all the numbers thereof, fix the time as well as the place for its annual general meetings.

Does this mean that a private company can hold its AGM at any place outside its registered office??

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 06 April 2010

Originally posted by : Sakshi Sharma
	Does this mean that a private company can hold its AGM at any place outside its registered office??

Simply No.

We can not overrule the main body of a section by the proviso. Main work of proviso is to support/complement the main provision or main body of law/section.

If in any manner proviso contradict with main provision than we must consider the proviso as null and void.

Wait for other expert opinions.