Company Law

General Meetings [Ss. 96, 100, 103] {Please also refer Special measures incl. Key CoVID 19 effects}

Sr. No.

Particulars

1st AGM

Other AGMs

EGMs

1.

To be held
[1st Proviso to
S. 96(1)]

Within 9 months of the close of FY

Every year, Within 6 months of the close of FY

Whenever the need be

2.

Gap between 2 AGMs

[S. 96(1)]

Not applicable

NOT > 15 months

Not applicable

3.

Extension by ROC
[3rd Proviso to
S. 96(1)]

Not possible

NOT > 3 months

Not applicable

4.

Where
[S. 96(2), S. 100(1)]

UnListed Co: At any place in India if consent is given in writing or by electronic mode by all the members in advance

Co other than covered above, i.e. Listed Co: At registered office or other place in the same city/village/town

WOS of a Co incorporated outside India: Anywhere – no restriction (implied)

Other Co: At a place within India

5.

When [S. 96(2)]

  • Not on National Holiday i.e. can be held on Sunday also (earlier, not on a public holiday)
  • During Business hours⟶9 am to 6 pm

No restriction -

Any day, any time

6.

Who can requisition for EGM [S. 100]

Co. having Share Capital↓

Co. NOT having Share Capital↓

No. of members holding NOT <? of paid-up share capital carrying voting right

No. of members having NOT < ? of total voting power of all the members having right to vote

7.

Quorum [S. 103]

Co.

Quorum = No. of members personally present

Public Co having members

1000

5

> 1000, but 5000

15

> 5000

30

Pvt Co

2