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Agm on sunday

This query is : Resolved 

26 October 2012 for a PRIVATE LIMITED COMPANY
I have submitted form-66 with ROC, IN WHICH I HAVE SHOWN AGM DATE ON 30.09.2012 WHICH SUNDAY

FORM-66 HAS BEEN APPROVED.. NOW
WHAT SHOULD I DO... IS IT A MAJOR ISSUE

WHAT DATE SHOULD I SHOW IN FORM-23AC, 23ACA AND FORM-20B FOR AGM AS I HAVE SHOWN 30.09.2012 IN FORM-66 (Already approved)

27 October 2012 Hi

I will suggest you to file revised Form-66, if possible taking in to consideration of earlier filing with rectifying the mistake.

27 October 2012 Generally it should be working day but if you have held the meeting on Sunday and there was no objection from the Shareholders then there is no problem you can continue with it.


27 October 2012 Hi

Annual General Meeting cannot be held on a public holiday:

Section 166(2) inter alia states that every annual general meeting shall be called on a day, which is not a public holiday.

It has been clarified by the Department vide Circular F. No. 8/23/(166)/69-CL-V that section 166 of the Companies Act deals with the actual period during which the annual general meeting is to be held. Sub-section (2) states that every annual general meeting shall be held on a day that is not a public holiday and this provision is mandatory. If the provision of section 166(2) are to be considered as 'merely regulatory' as suggested "shall be called" used in the section will ceased to have any meaning.



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