Dear All,
Please clarify whether a Ltd Co. can hold EGM before Statutory Meeting
6 Replies
Jaideep
(Service)
(1368 Points)
Replied 07 February 2011
Well, I dont see any type of restriction for holding EGM before statutory meeting.
Regards
Jaideep Pandya
nidhigoel89
(Company Secretary )
(594 Points)
Replied 07 February 2011
Hello!
I also think the same, there is no such problem for conducting of EGM before statutory meeting.
Regards
Nidhi
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 07 February 2011
Section 165(1) provides that a company which is obliged to hold statutory meeting shall within a period of not less than one month and not more than six month from the date at which the company is entitled to commence business shall hold a meeting of its members which shall be specified as Statutory Meeting.
The date of entitlement of commencement of business shall be considered as the date of certificate to commence business issued by the Registrar of Companies under section 149 of the Companies Act, 1956.
Meeting held prior to statutory period of one month is not a statutory meeting-{Gardner v.
Iredale (1912) 1 Ch.700}.
Notice must says that meeting is intended to be a statutory meeting-{Gardner v. Iredale
(1912) 1 Ch.700}.
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 07 February 2011
Yes, a company can hold EGM before Starutory Meeting.
Aparna
(CA Qualified)
(122 Points)
Replied 07 February 2011
There is no restriction on holding EGM prior to Statutory meeting.
CS MOHIT SALUJA
(PRACTICING CS Jalandhar 9914558709)
(5155 Points)
Replied 16 February 2011
But the question here arises that why to hold the EGM. The company may hold Statutory meeting and can pass the resolutions in such Statutory Meeting as all the members will be present and the agenda in respect of resolutions can be sent along with notice but not to hold such meeting before one month of getting the certificate of commencement.
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