AGM can be held on sunday

[trupti chavan]

please provide the case laws on AGM can be held on sunday. under sectopn 166

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TRUPTI CHAVAN

CS. BSL. LLB.

 

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no. refer section 166(2)

 

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SUDIST KUMAR THAKUR

COMPANY SECRETARY

[Mahesh Shinde]

Hello,

AGM cannot be held on public holidays

Thanks & Regards,

Mahesh Shinde

Cell: 9844494678

On Sat, Apr 6, 2013 at 12:02 PM, trupti chavan <truptic...@gmail.com> wrote:

[Rajiv Pandya]

NO AGM can't be held on sunday..refer sec 166(2).

With Regards,

Rajiv Pandya
Company Secretary

On Sat, Apr 6, 2013 at 12:02 PM, trupti chavan <truptic...@gmail.com> wrote:

[Nagesh Shenoy]

Hi...

No. AGM should be held on any day except public holiday and "public holidays " includes Sundays and any other day declared by the CG, by notification in official Gazette , to be public holiday.Section 166 (2).

Regards

Nagesh.

On Sat, Apr 6, 2013 at 12:02 PM, trupti chavan <truptic...@gmail.com> wrote:

[Premnarayan Tripathi]

Dear Friends,

 

Please find below extract of a proviso under the Sec. 166(2);

 

(2) Every annual general meeting shall be called for a time during business hours, on a day that is not a public holiday, and shall 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 situate :

Provided that the Central Government may exempt any class of companies from the provisions of this sub-section subject to such conditions as it may impose :

 

Provided further that -

(a) a public company or a private company which is a subsidiary of a public company, may by its articles fix the time for its annual general meetings and may also by a resolution passed in one annual general meeting fix the time for its subsequent annual general meetings; and

 

(b) a private company which is not a subsidiary of a public company, may in like manner and also by a resolution agreed to by all the members thereof, fix the times as well as the place for its annual general meeting.

 

The catchword in clause (b) is fixing time as well as place of meeting. Hence, whether the day can be a Public Holiday or not, is unclear.

 

Members views are solicited……

 

Thanks & regards,

CS. Premnarayan Tripathi

PRT & Associates,

Company Secretaries

201, Sarthik Square, Nr. GNFC Info Tower,

S G Highway, Ahmedabad - 380054

(M): +91 89800 26497

E-mail: premnar...@gmail.com

[Neena Deshpande]

AGM can be held on Sunday / public holiday. 

An adjourned AGM can be held in Sunday.

Refer Proviso 2 to Sec 166(2). If by Articles or by resolution passed in AGM, the date of subsequent AGM is fixed and if accidently it falls on public holiday, its a valid AGM. 

Also refer letter No. 8/5(1669/65-PR dated 21-1-1963.

Regards,

Neena 

On Sat, Apr 6, 2013 at 12:02 PM, trupti chavan <truptic...@gmail.com> wrote:

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[Rajiv Pandya]

Thanks all for clearing doubts.

With Regards,

Rajiv Pandya
Company Secretary

[trupti chavan]

AGM can be held on sunday in 3 cases as below :

1. Adjourned AGM can be hold on Sunday subject to fulfillment of the Conditions under section 174

2. can be hod on sunday - procedures to section 166 (2) to be followed

3. When date of AGM is fixed in the previous board meeting

If any solicitor know any case laws please share

[Venkat Ragavan]

 An adjourned AGM can be held in Sunday. that time AGM can be held on Sunday / public holiday

Refer Proviso 2 to Sec 166(2). If by Articles or by resolution passed in AGM, the date of subsequent AGM is fixed and if accidently it falls on public holiday, its a valid AGM.

 

Regards

 

V.Venkat

[Sha-Azam Siddiqui]

http://azams-aspirational-views.blogspot.in/2013/04/agm-can-be-held-on-sunday.html

[shakunthala thota]

No AGM Cannot held on Sunday as per section 166(2)

only An adjourned AGM can be held in Sunday.

Thanks & Regards,
Shakunthala
Executive