Calling of egm on a national holiday under ca, 2013.

This query is : Open

Pankaj (Querist)
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09 December 2014 Dear Experts,

In lights of provisions of CA, 2013,
1) Can an EGM be held on a National Holiday?
2) and at a place Other than in the city where registered office of the company is situated?

So far, there is no section in CA, 2013 providing for calling and conducting EGM at a National Holiday and at a place other than in the city where registered office of the company is situated.

Please throw some light on the aforesaid cases along with any section, rule, circular, etc.

prathiba

prathiba (Expert)
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09 December 2014 hi,

As per Explanation to Rule 17(2) pertaining to Calling of EGM under The Companies (Management and Administration) Rules , 2014 " For the purpose of this sub-rule, it is hereby clarified that the requistionists should convene meeting at Registered Office or in the same city or town where the Registered Office is situated and such meeting should be convened on a working day.

Sec.100 to be read alogwith The Companies (Management and Administration) Rules

Pankaj

Pankaj (Querist)
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10 December 2014 Thanks for your reply Ma'm,

First of all, section 100 does not say anything about this (regarding the day & place).

Secondly, Explanation to Rule 17(2) says in respect of meeting convened by requisitionists due to failure by the board. What if the Board itself convene it properly?

In that case, can the EGM be
1) convened on a National Holiday? and
2) at a place other than in the city where registered office is situated?

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