19 November 2010
Q. The Company has made the efile application on 17/09/2010 to the Assistant of Registrar of Companies Maharashtra, Mumbai for extension of AGM under section 166 (1) of the Companies act, 1956 requesting for an extension of time for the purpose of holding of AGM on the grounds that the Scheme of amalgamation / arrangement is pending before the Hon’ble Court. The Application was rejected for the following reasons – Application should have been made well in advance.
The Company has closed its accouting year on 31/03/2010 and the Annual General Meeting of the Company was due to be held on 30/09/2010 as per the requirements of section 166/210 of the Companies Act 1956.
Can we efiled the application again or what will be the consequences for rejecting such application by the Registrar of Companies Maharashtra please advice to us.
In my opinion u should once again make an application to the Registrar for extension of time explaining the reasons as to why you have made such an application so late. The Registrar is absolutely right in saying that the application should have been made well in advance. You shall have made such an application taking into all the factors such as the what if the Registrar refuses to grant the extension of time for holdingthe AGM of the Company so that u were in a position to hold the AGM within the prescribed Statutory time period.
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