I have one query regarding date of AGM... does the date of filing of ITR of the Company matters the date of AGM. or it can be after the date of filing the ITR also.??
Please clarify the point sir..
AM I RIGHT? 1. the date of Balance Sheet and Auditors' report should be any day before the date of NOTICE of AGM.
2. the Board report date should not be before the date of Auditor's report and practically it can be same day.
Yes, the date of Audit Report, Balance Sheet and Director Report should be the date before the date of AGM. The gap with in the date of Board meeting and the date of AGM should be 25 days (both days inclusive).
The signing of all Audit Report, Balance sheet and Director Report should be date of Board Meeting. Notice of AGM should also maximum time gap of 25 days as discusses ed above.
Manner of counting 21 days for notice of a general meeting:
For notice of meeting sent by post, period of 21 days is to be counted from expiry of 48 hours after posting. [Balwant Singh Sethi v Sardar Zorawarsingh Hushnak Singh Anand (1988) 63 Comp Cas 310 (Bom)]. As provided in section 171, an advance notice of not less than 21 days shall be given for calling a general meeting of members. The requirement of 21 days means 21 clear days, exclusive of the day when notice is served and the day when the meeting is held [Bharat Kumar Dilwalia v Bharat Carbon and Ribbon Manufacturing Co. Ltd. (1973) 43 Comp Cas 197 (DB)(Del). (See also N.V.R. Nagappa Chettiar v Madras Race Club (1949) 19 Comp Cas 175 (Mad)]. Thus, there should be at least 23 clear days for the despatch of a notice for a general meeting. In this connection, section 53(2) provides that the service of a notice for a general meeting shall be deemed to have been effected at the expiration of 48 hours after the same is posted. There is one section of opinion that the said 48 hours (two days) shall also be added to the requirement of 23 days for a notice for a general meeting. Thus, the notice shall be sent 25 days in advance. When the full notice is advertised the period of 21 days starts from the day of the advertisement appears and the day of the meeting shall be excluded. In that case the explanatory statement need not be advertised but may be sent to the members alongwith the notice.
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