our company was incorporated on 26/09/2007 and hence the first accounts of the company are made for the period from 26/09/2007 to 31/03/2008. kindly let us know when the annual general meeting will be held ?
amar preet singh (professional) (229 Points)
10 October 2009our company was incorporated on 26/09/2007 and hence the first accounts of the company are made for the period from 26/09/2007 to 31/03/2008. kindly let us know when the annual general meeting will be held ?
Vishal Dang
((Company Secretaries))
(93 Points)
Replied 10 October 2009
Hi
in your case the last due date for the first Annual General Meeting was 31st Dec. 2008.
Regards
Vishal
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 10 October 2009
Hi,
First decide what is your financial year—Your first financial year would be from 26.09.2007 to 31.03.2008 i.e. a period of 06 months and 5 days.
As per my understanding you have to file Annual Accounts in the year 2009 after AGM.
DECISION REGARDING ANNUAL GENERAL MEETING
Applicability of Section-166 read with section-210 suggest in your case
As per Section-166 last date for holding your AGM would be March 25, 2009 i.e. 18 months from the date of incorporation of the company.
As per section-210 Balance Sheet & Profit and Loss A/c shall lay before the members in case of first AGM with in 9 months from the end of financial year i.e. last date for holding your AGM as per section-210 would be December 31, 2008.
Conclusion as per the rule of Harmonious construction
As per my opinion your first financial year is ending on March 31, 2008 and as per section-210 you may hold your first AGM up to December 31, 2008. But here if you follow section-166 blindly and hold your AGM up to March 25, 2009 without application of section-210 then there would be violation of section-210 regarding First AGM in 9 months provision.
Final Answer—In your case last date for holding first AGM would be December 31, 2008 which is in line with the provisions of both the sections.
Best Regards
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India
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