Decent Ltd. was incorporated under the Companies Act, 2013 on 1st January, 2014. The first financial year of the company was closed on 31st March, 2014. Explaining the provisions of the Companies Act, 2013 - The meeting

CS Professional · Advanced Company Law and Practice · PYQS · December 2015
Decent Ltd. was incorporated under the Companies Act, 2013 on 1st January, 2014. The first financial year of the company was closed on 31st March, 2014. Explaining the provisions of the Companies Act, 2013 - The meeting as per schedule was conducted but could not complete the business as slated on the agenda. As a result, the meeting was adjourned to a later date to transact the unfinished business. Certain shareholders give a notice to the company where they wanted certain new business to be transacted at the adjourned AGM. State whether the new business can be transacted at this adjourned meeting.

Answer & Explanation:

Further, if the AGM is called and held on the scheduled date but could not complete the agenda and the meeting, can be adjourned at a later date (but not later than 30 days) to complete the unfinished agenda, Such an adjourned meeting is the continuation of the meeting and only the unfinished agenda for proper notice was already given, shall be transacted. No new business can be transacted at this meeting. Thus, applying the above provisions in the given case answers to sub-question are : The adjourned meeting as per the provisions as stated above is the meeting in continuation, only unfinished business can be transacted. Since no new business can be transacted at this adjourned meeting, shareholders contention in the given case shall not be tenable.

Topics: General Meetings

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