Sunny Ltd. is a listed company closed its register of members (Equity) and the register of debenture holders for a period from 1st July to 31st July at one stretch during the financial year 2017-18. During the same finan

CS Executive · Company Law · PYQS · December 2018
Sunny Ltd. is a listed company closed its register of members (Equity) and the register of debenture holders for a period from 1st July to 31st July at one stretch during the financial year 2017-18. During the same financial year, it had closed its register of other security holders for a period of 13 days at a different time. Comment on its validity in your Secretarial Audit report to the Company.

Answer & Explanation:

In terms of section 91 of the Companies Act, 2013, a Company may close the register of members or the register of debenture-holders or the register of other security holders for any period or periods not exceeding in the aggregate 45 days in each year, but not exceeding 30 days at any one time, subject to giving of previous notice of at least 7 days or such less period as may be specified by Securities and Exchange Board for listed companies. Applying the aforesaid provisions to the instant case, the said company had violated Sec 91 by closing at one go for a period beyond 30 days (in the given case, it was for 31 days) but not violated the aggregate period of 44 days in a year (in the given case, it was for 45 days during the financial year 2017-18).

Topics: Management and Administration

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