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Agm

21 November 2012

Hey Clubbers,

A Private Limited company is incorporated and has its Registered Office in New Delhi. Can the Board conduct the Annual General Meeting (AGM) in Chennai?

Does Companies Act allow to conduct AGM in overseas nations?

Please Help

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8 Replies

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17853 Points)
Replied 21 November 2012

AGM can be called during business hours, on a day that is not a public holiday, and shall be held either at the registered office of the Company or at some other place within the city, town or village in which the registered office of the company is situated.

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Prem Munjal (Training) (75 Points)
Replied 15 January 2013

Whether a company can conduct its AGM, u/s 96 of cos bill ,2012, even on sunday and public holiday ? (please give your answer as per new legislation)

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17853 Points)
Replied 15 January 2013

So far it is not applicable.. However under new regime Every Annual General Meeting shall be called during business hours, that is between 9 am to 6 pm on any day that is not a National Holiday and shall be held either at the registered office of the Company or at some other place within the city, town or village in which the registered office of hte company is situate.

National Holiday shall mean and includes a day declared as National Holiday by the Central Government.

Prem Munjal (Training) (75 Points)
Replied 15 January 2013

whether sunday is national holiday / public holiday ?

if sunday is declared as national holday then company can go for AGM ? (let assume)

ACS Deepika Chowdhary (Company Secretary) (280 Points)
Replied 16 January 2013

Originally posted by : CS Ankur Srivastava
	AGM can be called during business hours, on a day that is not a public holiday, and shall be held either at the registered office of the Company or at some other place within the city, town or village in which the registered office of the company is situated.

Completely agree with Ankur sir

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Sumit Jaiswal (Company Secretary) (818 Points)
Replied 16 January 2013

Originally posted by : Shankar BA(Hons)
	Hey Clubbers, A Private Limited company is incorporated and has its Registered Office in New Delhi. Can the Board conduct the Annual General Meeting (AGM) in Chennai? Does Companies Act allow to conduct AGM in overseas nations? Please Help

I refer to the exceptions to section 166(2) of the Companies Act. It states:

166(2)(b): A private company which is not a subsidiary of a public company, may in like manner and also by a resolution agreed to by all the members thereof, fix the time as well as place for its annual general meeting.

Thus, a private limited company, which is not a subsidiary of a public limited company, can call AGM in any place in the world if it satisfies the conditions mentioned under the second proviso of section 166(2).

CS Advocate Abhishek Goyal (M Com FCS LLB M-AIMA ) (13709 Points)
Replied 24 January 2013

Sunday is not a national holiday it is a public holiday. So under the new law you can safely assume that AGMs can be called even on sunday since the prohibition for conducting AGMs is only in respect of national holiday and not public holiday.