Due to technical problem, company wants to hold its AGM at a city other than a city at which registered office of the company is situated.
CS Executive · Company Law · PYQS · June 2019
Due to technical problem, company wants to hold its AGM at a city other than a city at which registered office of the company is situated.
Answer & Explanation:
According to section 96(2) of the Companies Act 2013 , every annual general meeting can be called during business hours, that is, between 9.00a.m. to 6.00p.m. on any day that is not a National Holiday. It should 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. The Central Government is empowered to exempt any company from these provisions, subject to such conditions as it may impose. 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. In case of Government Company, the Central Government may approve such other place for holding AGM, if the place is other than the registered office. In case of Section 8 Company, the time, date and place of each AGM are decided upon beforehand by the Board having regard to the directions if any, given in this regard by such company in the general meeting. In view of the above provisions of the Companies Act, 2013: AGM can be held only at the city of registered office, unless exempted. As per the proviso to Section 96(2) , in case of an unlisted company, annual general meeting may be held at any place in India if consent is given in writing or by electronic mode by all the members in advance.
Topics: General Meetings
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