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agm extension

nidhigoel89 (Company Secretary ) (594 Points)

03 February 2010

Hello Everyone!

Can anyone provide me the procedure in case a company need extension for holding its AGM.

Thanks

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5 Replies

meenu (cs) (416 Points)
Replied 03 February 2010

Hi Nidhi,

You have to apply to ROC for extension of holding AGM.

Includes:

1. Filling of Form 61 to ROC,

2. Board Resolution for extension of AGM'

3. Application to be made to ROC for explaining the reason for not holding the AGM within the time framework'

4. copy of MOA & AOA( Certified copy)

File form 61 to ROC on line and submit the hard copy of all requisite (above specified) documents to ROC. Then regular follow up with ROC.

Regards,

Meenu

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kirti arora (CS, CA IPCC) (45 Points)
Replied 03 February 2010

I completely agree with the suggestion given by Meenu JI. But the extension could be maximum for 3 month from the due date of AGM i.e. there should be One AGM held in every calender year so if AGM due date is 30 september then extension could be maximum for 31 dec. (sec 166 read with 210 of the Act)

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17848 Points)
Replied 03 February 2010

Application for extension of time to the Registrar must be made will in advance before the expiry of the period. Registrar may grant extention of time for holding AGM for a maximum period of 3 months.

1. Hold board meeting and pass a resolution for extention of time limit for holding AGM.

2. The Company shall make an application in the prescribed e-form 61 to the Regiatrar before the due date for holding AGM.

3. ROC approval should be placed befoire the board for information and steps should be taken to hold the AGM within the time approved by the ROC.

Kumar Gaurav (Company Secretary) (58 Points)
Replied 12 August 2010

Dear All,

Could the Board resolution for extention could be passed through Resolution by Circulation? I think that this is not is not restricted item of RBC and it could be done through RBC. All comment with logic and explanation are accepted