Agm due date

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

28 September 2011 Determination of due date of AGM.

Company year end : 30.09.2010
Last Agm held : 28.12.2009

Due date of AGM will be 28.03.2011, keeping in mind Section 166 and 210 of Companies Act.

As per Sec. 166 Every company shall in each year hold its AGM.

In above case AGM is not held in the same calender year.

What can be the remedy and due date in above case.

CS Suraj Arora

CS Suraj Arora (Expert)
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28 September 2011 Dear

You have to apply for Compounding of Offences under section 621A of the companies act 1956 and have to apply to Honable Company Law Board.

Querist : Anonymous

Querist : Anonymous (Querist)

28 September 2011 Thanx for your early reply.

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CA Sumat Singhal

CA Sumat Singhal (Expert)
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29 September 2011 Sir,
sec 167. on the application of any member of the company, Central Govt. call/ direct the calling of, a general meeting of the company and give such ancillary or consequential direction as theit thinks expedient such as one member of the company present in person all by proxy shall be deemed to constitute a meeting.
section 168.

If default is made in holding a meeting u/s 166, u/s 167, the company, and every officer of the company who is in default, shall be punishable with fine which may extend to fifty thousand rupees and in the case of a continuing default, with a further fine which may extend to two thousand five hundred rupees for every day after the first during which such default continues.
But note that meeting called after 15 months shall not be illegal, however penalty will be levied.
YOU WILL HAVE TO GO FOR COMPOUNDING OF OFFENCES.
Kindly let me know whether this solution has solved your query.
Regards,
CS Sumat Singhal