Is any ROC Form is required to be filed for holding any EGM or is there any other formality to be complied with other then resolution and minutes???Also can an ordinary resolution be passed in an EGM??
4 Replies
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 20 February 2010
Dear Renu ji,
Yes Ordinary Resolution can be passed in any EGM as well as Special Resolution. All the matters transacted in an EGM are referred to as Special Business but it does not mean that all they require Special Resolution. Further, no other formalities are required. Just hold board meeting determine date, time and venue of EGM send 21 clear days notice. Hold EGM and then if there are certain special resolutions, file form 23 within 30 days.
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 20 February 2010
Fully agree with the answer above.
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 20 February 2010
In case any special resolution is passed in the general meeting whether AGM or EGM, you have to file form 23 with in 30 days of passing special resolution and the concerned section is section 192(4).
ROC filing is dependent on the resolution passed in the GM and ROC intimation is not required just for holding EGM.
Revert if there is any doubt.
Regards
CA.SKR
(CA; CS-Final (One Group); DISA (ICAI); Insolvency Professional)
(442 Points)
Replied 21 February 2010
Agree with both Ankur's.
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