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Power of Tribunal to call Annual General Meeting (AGM)

POWER OF TRIBUNAL TO CALL AGM


In my previous article “Extension of Annual General Meeting” (you can view the same on my blog at csvishalsharma.blogspot.in), I have explained the procedure for extension of AGM. But sometimes Company makes default in holding AGM, in that case a member of the company can make an application to the Tribunal to call AGM.

As per section 97 of the Companies Act, 2013, if any default is made in holding AGM of the company, the tribunal may, on the application of any member of the company, call or direct the calling of an AGM of the company and give such other directions as the tribunal thinks fit and such directions may include a direction that one member of the company present in person or by proxy shall be deemed to constitute a meeting.

An application to the Tribunal for calling or obtaining a direction to call the AGM of the company shall be made by any member of the company in Form NCLT-1.

A copy of an application shall be served on the Registrar of Companies on or before the date of hearing.


Procedure:

1.      Application in form NCLT-1 along with the following documents:
a.      Affidavit verifying the petition in form NCLT-6
b.      Bank Draft evidencing the payment of application fee
c.       Any other relevant document
2.      In hearing NCLT may give appropriate order as it thinks fit.
3.      The Order of the NCLT shall be filed to the concerned Registrar of Companies in form INC-28 within the time prescribed in the order.

A general meeting held as per order or direction of Tribunal shall be deemed to be an Annual General Meeting of the Company.


Contact Details:

VISHAL SHARMA
Company Secretary
Mob: 9716763754
Email: csvishalpbs@gmail.com


FOR MORE ARTICLES VISIT TO:

http://csvishalsharma.blogspot.in/

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Disclaimer: The Content is prepared on the basis of our general understanding and on the basis of relevant provision of Companies Act, 2013 read with rules made there under. The whole content is only for the knowledge sharing purpose, we do not take any responsibility for the correctness of the same. 



Comments

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