Liberty Ltd, an unlisted company, registered in the state of Maharashtra with 20 shareholders wants to organize the annual general meeting of the company for the financial year 2017-18 as under: The meeting shall be held

CS Professional · Advanced Company Law and Practice · PYQS · December 2018
Liberty Ltd, an unlisted company, registered in the state of Maharashtra with 20 shareholders wants to organize the annual general meeting of the company for the financial year 2017-18 as under: The meeting shall be held on 17th September 2018 which happens to be Raksha Bandhan, a day declared as holiday by Maharashtra Government. The venue for the meeting shall be Ootacamund, a hill resort in Tamil Nadu. Advise the Company on the feasibility of the above.

Answer & Explanation:

Regarding the date of AGM: Section 96(2) of the Companies Act, 2013 provides that every annual general meeting shall be called on any day that is not a national holiday. Hence, Raksha Bandhan, not being a national holiday but only a local holiday declared by the Government of Maharashtra, calling of annual general meeting on that day does not violate the rules. Regarding the venue of AGM: The Section further provides that the annual general meeting shall be held 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 section has a proviso that the 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. So, in this case, if Liberty Ltd, being an unlisted company, can obtain a consent in writing or through electronic mode from all the 20 shareholders of the Company, then the meeting can be validly held at Ootacamund.

Topics: General Meetings

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