Dear All,
Please brief me can we pass the resolution by circulation for extending the date of AGM of the company.
Regards
Mohammed Yasar
(Practicing Company Secretary)
(119 Points)
Replied 17 July 2013
Matters which require sanction at Board Meetings, and not by circulation
There are certain matters in reference to which the provisions of the act would require a resolution at an actual Board Meeting and not one by circulation. They are as follows:
|
S. No. |
Provision/Section |
Matter |
|
1. |
Section-262 |
Filling a casual vacancy in the Board
|
|
2. |
Section-292 |
The power to:
(i) make calls on shareholders; (ii) issue debentures; (iii) borrow moneys otherwise than on debentures; (iv) invest the company’s funds; (v) make loans;
|
|
3. |
Section-297 |
Board’s sanction for certain contracts in which particular directors are interested;
|
|
4. |
Section-299 |
Disclosure to the Board of a director’s interest in a transaction of the company;
|
|
5. |
Section-308 |
Disclosure to the Board of a director’s shareholding
|
|
6. |
Section-316 & 386 |
Approval to the appointment of a person as Managing Director or manager in more than one company;
|
|
7. |
Section-372A |
Sanction for inter-corporate loan, investment or giving of guarantees or providing security.
|
Hence, Board can pass circular resolution for extending the date of AGM of the company.
Also, Procedure for Extension of AGM is given in the following link for your reference
CAclubindia
