27 October 2010
Ours is a Pvt Ltd. company. We have taken extension for holding AGM. Now, we will conduct Board Meeting in November 15 for approval of accounts etc and we are planning to conduct AGM on the same day or next day (as there are foreign investors). It is not a problem for us to take the shorter notice consent from shareholders. Now, my questions are 1. whether is proper way to conduct the AGM? 2.Date on Accounts, DR, AR, AGM Notice can be the same?
27 October 2010
1. If you are following the shorter notice consent provisions properly then there is no problem. Remember 100% consent required for holding AGM at shorter notice.
2. YES
Date of board meeting approving accounts should be taken as date Accounts, DR, AR, AGM Notice.
I think a private Company can hold AGM any whereever they wants, if they are obtaining the consent from all the members of the company.(Section 166(2))