1. Company Meetings
Query: What are the reasons for delay in AGM except late audit?
Response:
Few reasons of delay in AGM:Â
1. Delay in preparation of financial statements.Â
2. Natural Calamity (e.g. floods etc.)
3. Loss of data in computer due to virus/system problem.Â
4. Delay in audit reports due to non-availability of auditors because of resignation, death, incapacity to sign.Â
5. Change in financial year (for consolidation with holding company).Â
6. Non availability of shareholders which may result in absence of quorum (usually in private companies).Â
7. Non-availability of directors on the valid grounds. For instance, sudden death of directors and consequence of this the limit of directors goes below the minimum requirements of directors.Â
8. Confiscation of books of accounts by Income Tax Department, NAB, etc.
9. Mergers & acquisitions in process.Â
2. Service of documents and notices
3. Conduct of meetings
Query: sir company agar kisi ko notice na dy to us ka meeting ki procceeding par koi asr ni hota, why is it so? mtlab notice to compulsory item hona chahe a na??
Response: Notice is compulsory. The phrase "accidental omission / non-receipt by any member" does not mean "company agr kisi ko notice na de".
4. Resolutions and Records
Query: sir kya is ka mtlab ye hi k (resolution by members) agar members k pass 5% voting power hi to 10 din phly wo directors ko notice daen gy sirf ordinary resolution k liye, q k special resolution k liye to 21days ka notice chahe a hota hi
Response:Â
1. Notice is to be given to company (not specifically to directors).
2. A notice for special resolution may be given 21 days' before (it would still be at least 10 days before also) the general meeting by members.
3. As per definition of special resolution, "provided that if all the members entitled to attend and vote at any such meeting so agree, a resolution may be proposed and passed as a special resolution at a meeting of which less than twenty-one days notice has been given".
5. Objective Based Q&A