Matrix Limited is an unlisted company, having its registered office at Chennai. The Annual General Meeting was held at Goa on 1st July, 2021 at 3.00 PM and concluded at 8.00 PM. Consent of all the members to conduct AGM

CS Executive · Setting up of Business Entities and Closure · PYQS · December 2022
Matrix Limited is an unlisted company, having its registered office at Chennai. The Annual General Meeting was held at Goa on 1st July, 2021 at 3.00 PM and concluded at 8.00 PM. Consent of all the members to conduct AGM at Goa was received by 24th June, 2021 through Email. Examine the validity of the meeting as per the provisions of the Companies Act, 2013.

Answer & Explanation:

Section 96(2) of the Companies Act, 2013, states that every annual general meeting shall be called during business hours, that is, between 9 a.m. and 6 p.m. on any day that is not a National Holiday and shall be held either at the registered office of the company or at some other place within the city, town or village in which the registered office of the company is situated. However, annual general meeting of an unlisted company may be held at any place in India if consent is given in writing or by electronic mode by all the members in advance. The Central Government may exempt any company from the provisions of this sub-section subject to such conditions as it may impose. In the given question, Matrix Limited is an unlisted company and consent of all members to conduct the AGM at Goa has been received in advance (i.e. on 24th June, 2021). In order to conduct meeting at some other place (other than the State where registered office of the company is situated), the consent of all members is required which Matrix Limited has received. Hence, the meeting is called in order.

Topics: Company Law

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