Agm

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

27 October 2016 Dear All
Can any one to pls let me know the
Procedure & required forms to conduct AGM of pvt. Ltd. Company

Regrds
Ashish Nigam

Jatin Bajaj

Jatin Bajaj (Expert)
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27 October 2016 FIRSTLY SEND THE NOTICE OF THE GENERAL MEETING ATLEAST 21 DAYS BEFORE THE DATE OF AGM TO ALL THE SHAREHOLDERS , DIRECTORS AND AUDITORS OF THE COMPANY(AS PER SS2)
IF UNDER THE ORDANARY BUSINESS, NEW AUDITOR IS APPOINTED, THEN IT HAS TO BE MENTIONED UNDER NOTICE OF AGM AND FILE ADT 1 FOR APPOINTMENT OF AUDITOR WITHIN 15 DAYS OF APPOINTMENT IN FORM ADT 1
CHECK THAT WEATHER THERE IS ANY SPECIAL BUSINESS OR NOT. IF YES THEN RELEVANT FORM MUST BE FILED AS PER THE COMPANIES ACT 2013.
EVERY COMPANY SHALL FILE FINANCIAL STATEMENT IN XBRL OR NON XBRL MODE DEPENDING UPON THE LIMITS OF THE COMPANY WITHIN 30 DAYS OF AGM AND ALSO SHALL FILE ANNUAL RETURN WITHIN 60 DAYS OF HOLDING AGM IN FORM MGT 7.
ALONG WITH NOTICE OF AGM , PROXY FORM, ATTENDANCE SHEET AND ROTE MAP SHALL BE SENT AS AN ATTACHMENT( AS PER SS2)
WITHIN 30 DAYS OF MINUTES OF AGM SHALL BE ENTERED IN THE MINUTES BOOK (AS PER SS2)

Querist : Anonymous

Querist : Anonymous (Querist)

28 October 2016 Dear Jatin sir,
I would like to ask weather pvt.
Company has to appoint auditor every
year or once & is there any due date
Is defined for appoint of auditor in
Companies act. 2013

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Jatin Bajaj

Jatin Bajaj (Expert)
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29 October 2016 According to section 139 of the Companies Act 2013, every Company shall appoint an auditor who shall hold the office from the conclusion of this AGM till the conclusion of sixth AGM.
INTERPRETATION : Auditor shall be appointed once for a period of 5 years and Company has to file ADT 1 for appointment of Auditor with ROC within 15 days of appointment.
And at every AGM it is mandatory to ratify the appointment of Auditor. No need to file form ADT 1 every year for ratification of Auditor.

Querist : Anonymous

Querist : Anonymous (Querist)

01 November 2016 Deat sir,
Pls clarify at every AGM auditor shall be rotify. Weather any form shall be filed in respect of rotification of auditor & what its procedure,

Also clarify suppose Mr X individual is auditor of XYZ pvt. Ltd for the period of 5 year after completing the period of 5 year weather Mr. X can be re-appoint as an auditor of XYZ pvt. Ltd or not,

Thanks in Advance.

Jatin Bajaj

Jatin Bajaj (Expert)
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03 November 2016 At every AGM it is mandatory to ratify the auditor of the Company by just passing the Resolution in the Board meeting. Resolution for Ratification of Auditor shall be stated in the notice of General Meeting under the heading " ORDINARY BUSINESS " . There is no need to file any form for ratification of Auditor.
And according to section 139(2), read with Rule 5 of Companies Auditor Rule, No indivisual auditor shall be reappointed in the same Company on the expiry of the 5 years from the completion of his term