As per Section 96 (2), every annual general meeting shall be called during
business hours, that is, between 9 a.m. and 6 p.m. on any day that is not a
National 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.
However, in case of the EGM, there is no clarity under Section 100 /101 and
rule 17 with regard to the time, day, place of holding the EGM?
What is the preservation period of register of members and annual return
under the companies Act, 2013 ?
Whether the provisions of CSR are applicable to section 8 companies?
What is the requirement as to the minimum and maximum number of
directors in an OPC ?
Whether borrowings and/or creation of security, based on the basis of
ordinary Resolution under section 293 of the Companies Act, 1956 are valid?
As per section 185 of the Companies Act 2013, no company can give loan or
Guarantee in respect of loan to director or any other person in which such
director is interested. Can a company give corporate guarantee or offer
security in respect of any loan taken by its subsidiary/company in which
director is interested/ where management is common from the Bank?
With regard to resolution requiring special notice under section 115 of the
Companies Act, 2013, who can move such resolution- whether such number of members holding shares on which aggregate sum not exceeding five lakhs has been paid up or such number of members holding shares on which aggregate sum not less than five lakh rupees has been paid up?
As per section 164(2)(a), no person who is or has been a director of a
company which has not filed financial statements or annual returns for any continuous period of three financial years shall be eligible to be re-appointed as a director of that company or appointed in other company for a period of five years from the date on which the said company fails to do so. Under the 1956 Act, such disqualification was with respect to non-filing of annual accounts or annual returns of a public company. In case, all the directors disqualify, how the company would function. Some time period needs to be given to regularize the default.
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