Professional Documents
Culture Documents
least ;
To transact [or]
;
For a .
Things To Be Discussed in a Meeting;
Before Meeting, Draft Agenda should be prepared;
Draft Agenda should include;
Purpose of the meeting;
Expected Outcome;
Time Allocated to each item;
List of Attendees;
List of Supporting Documents.
Meetings of Meetings of Meetings of
Board Meetings Shareholders Debenture Creditors
Holders
Voting
& Should be
summary of the kept at In the manner
of the proceedings Passed
Meetings
Each Year
of
On any HIGH
, between between two
LIGHTS Meetings
Submit Filling of
Resolution for
of Companies
Act, 2013
Any General
Meetings
is an
EGM
Who??
Held by
Shareholders of
When there is a
of
Shareholders
is
needed
Shaky Commodities Private Limited could not hold its 10th
annual general meeting for the year 2016 by 30th September,
2016. The company sought extension of time for holding the
AGM from the Registrar of Companies but failed to hold the
meeting within the extended time too. Instead, it held the
meeting on 31st March, 2017 and passed resolutions thereat.
Certain shareholders have challenged the validity of these
resolutions. Referring to the provisions of the Companies Act,
2013, examine whether the contention of the shareholders shall
be tenable. (June 2017)
U/s 96: an AGM should be held at a date earliest of the following dates:
a) Within 6 months from the end of financial year b) Gap between two AGM should not be more than 15 months Also 2nd or
Subsequent AGM can be extended by ROC upto a maximum period of 3 months.
If default, any member may make application to NCLT. Such directions may include a direction that one member of the company
present in person or by proxy shall be deemed to constitute quorum for the meeting.
The Company and every officer of the Company who is in default shall be punishable with fine which may extend to Rs.1,00,000/- and
in case of continuous default with a further fine which may extend up-to Rs.5,000/- for every day during which such default continues.
However, the above situation is relating to holding of AGM after due date by the company themselves, which is not covered by above
Section 96.
Hence, applying the above case law judgment in the given situation, we can conclude that AGM held after the due date and
extension granted is valid in law and hence, all the resolutions passed at the meeting are valid. However, company and directors
shall be liable for action as provided in Section 99 of Companies Act, 2013.
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