Hi..
Can a Limited can hold AGM at its corporate office instead of Registered office which in another state ????
Anirudh Tanvar (Service) (85 Points)
15 January 2011Hi..
Can a Limited can hold AGM at its corporate office instead of Registered office which in another state ????
CA Sandeep Kumar
(Audit Assistant)
(804 Points)
Replied 15 January 2011
Not possible.. AGM to be held in same city/village where registered office is situated.
I am nt very sure if there is any govt circular in this regard, wait for other members' reply
CA CMA CS Ram Pavan Kumar Melam
(CA)
(6980 Points)
Replied 17 January 2011
As per Section. 166(2) of the Companies Act, 1956:
Every annual general meeting shall be called for a time 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 situate.
From the above, the following points emerge in respect of holding the annual general meeting:-
1. No annual general meeting shall be held on a public holiday. (public holiday to be referred as defined in Section 2(38) according to which public holiday includes Sundays, New Year Day, Christmas Day; if either of such days falls on a Sunday, the next following Monday, Good Friday and any other day declared by the Central Government by notification in the official Gazette to be a public holiday.)
2. Meeting shall have to at the business hours only.
3. The meeting can be held only in the city, town or village where the registered officer of the company is situate and not elsewhere.
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India