During the year 2007 a company had convened and held its AGM in the month of May 2007 (on 21.05.2007). For the current year (2008) the AGM should have been held on or before 20th August 2008. (within fifteen months from the date of previous AGM date).
By oversight the company has convened and held the AGM on 30th September 2008. The company has filed all the annual forms such as Form 23AC, Form 23ACA and Form 20B along with necessary enclosures with ROC / MCA. The company has also obtained a compliance certificate (u/s 383A of the ActT) and the same has also been filed with ROC (Form 66).
This is a clear violation of the provisions of the Companies Act, 1956, for not holding the AGM within the stipulated period.
Can anybody advise what is the remedy available for the company to overcome the violation.
with regards
Muralidharan
CAclubindia
