Is it anyways allowed by CL to hold EGM outside india in case holding company is out of India & can actually an EGM be conducted without directors present in India?
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 20 April 2010
An EGM can be conducted without directors' presense. However provisions of sections 171 (Length of notice) and 174 regarding quorum and other provisions for calling, conducting and holding a GM must be complied with.
Further according to me there is no restriction in CL for holding EGM anywhere. However provisions of section 53 and 171, 174 and many others must be complied with.
Views of other learned members solicited.
Neha
(service)
(73 Points)
Replied 20 April 2010
Ankur..thanks for your reply but one more question that crosses my mind is that what is the adherence of Secretarial Standard in this regards (SS-2) which specifically says registered office..which to comply on?
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 20 April 2010
Dear Neha forget about Secretarial Standards as they are just recommendatory and not mandatory.
I don't understand why the hell ICSI introduce SS? Just to confuse professionals...with their recommendatory nature.
Only Board Meeting can be held outside India, EGM/AGM can not be hold Outside India.
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