Query regarding the due date of AGM for a new company

This query is : Resolved

Guest

Guest (Querist)

14 October 2009 Query regarding the due date of AGM for a new company

A is a private company, which proposes to file the Annual Filing Forms from the First AGM.

Date of Incorporation :21.10.2005
Financial Year end date :31.03.2006
Date of First AGM :25.09.2006
Due Date of AGM :30.09.2006

[Every company shall in each year hold in addition to any other meetings a general meeting as its annual general meeting and shall specify the meeting as such in the notices calling it; and not more than fifteen months shall elapse between the date of one annual general meeting of a company and that of the next:

Provided that a company may hold its first annual general meeting within a period of not more than eighteen months from the date of its incorporation; and if such general meeting is held within that period, it shall not be necessary for the company to hold any annual general meeting in the year of its incorporation or in the following year;]

Experts' view is appreciated for the above stated 'due date of AGM' – whether it is right or not.

Ankur Garg

Ankur Garg (Expert)
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14 October 2009 Your calculation is not correct.

As per section 166==within 18 months==20.04.2007 [But this date setting is not possible as it is against section 210(4). However you may do so with ROC approval as allowed by proviso to section 210(4)].

As per section 210==within 9 months from the end of Financial Year (In case of first AGM)==31.12.2006

More stringent time limit in this case is limit under section-210. Hence your due date of AGM is 31.12.2006.

Regards

Guest

Guest (Querist)

14 October 2009 Thank you so much.

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