companies bill 2013 | first annual general meeting | agm | notice for agm | consent for agm | quorum

18
http://www.techcorplegal.com Email us: [email protected] Follow Us Salient Features of Companies Bill, 2013

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Companies Bill 2013 | First Annual General Meeting | AGM | Notice for AGM | Consent for AFM | Quorum | New Companies Act 2013 highlights, Companies Act 2013, MCA Ministry Of Corporate Affairs, Amendment in Companies Act, 1956, Company & Corporate Consultancy Firm | Multi-discipline, Full Service International Corporate Law Firms based in New Delhi and Having Association with Foreign Law Firms | We are Reliable, Knowledgeable and Hands-on | Our expertise lies in services involving Company Registration in India, FEMA Matters, Advice on Joint Ventures, LLP Registration, Import Export Code, International Taxation, Management Consultancy and Company due diligence Services etc.

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Page 5: Companies Bill 2013 | First Annual General Meeting | AGM | Notice for AGM | Consent for AGM | Quorum

Maximum Time For Holding First AGM

The Companies Act, 1956

The Act specifies the maximum time

for holding first Annual General

Meeting as “18 months from

incorporation or 9 months from

closure of accounts, whichever is

earlier”

The Companies Bill, 2013

The Act specifies the maximum time

for holding first Annual General

Meeting as “9 Months from closure

of accounts”

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Page 6: Companies Bill 2013 | First Annual General Meeting | AGM | Notice for AGM | Consent for AGM | Quorum

Time And Day

The Companies Act, 1956

The Act specifies that every annual

general meeting (AGM) shall be

called for a time during Business

Hours, on a day that is not a Public

Holiday.

The Companies Bill, 2013

The Act specifies that 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.

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Page 7: Companies Bill 2013 | First Annual General Meeting | AGM | Notice for AGM | Consent for AGM | Quorum

Length And Mode Of Notice

The Companies Act, 1956

The Annual General Meeting shall be

called for a time during Business

Hours, on a day that is not a Public

Holiday.

The Companies Bill, 2013

● 21 days clear notice to be given

by all companies.

● Notice may be given in writing

or in Electronic Form in the

manner prescribed.

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Page 8: Companies Bill 2013 | First Annual General Meeting | AGM | Notice for AGM | Consent for AGM | Quorum

Consent For Shorter Notice

The Companies Act, 1956

Consent for Shorter Notice is to be

given by All Members entitled to

vote at the meeting.

The Companies Bill, 2013

Consent for Shorter Notice is to be

given by Not Less Than 95% of the

members entitled to vote at the

meeting

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Page 9: Companies Bill 2013 | First Annual General Meeting | AGM | Notice for AGM | Consent for AGM | Quorum

Quorum

The Companies Act, 1956

Private Companies - 2 Members

Public Companies - 5 Members

The Companies Bill, 2013Private Companies - 2 Members

Public Companies

● 5 members where total

number of members do not

exceed 1000.

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Page 10: Companies Bill 2013 | First Annual General Meeting | AGM | Notice for AGM | Consent for AGM | Quorum

● 15 Members where Total Number

of Members Exceed 1000 but do

not Exceed 5000.

● 30 Members where Total Number

of Members Exceed 5000

Quorum

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The Companies Bill,

2013

Page 11: Companies Bill 2013 | First Annual General Meeting | AGM | Notice for AGM | Consent for AGM | Quorum

Penalty

The Companies Act, 1956

Company, and every officer of the

company who is in default, shall be

punishable with fine which may

extend to Fifty Thousand Rupees.

The Companies Bill, 2013

Company, and every officer of the

company who is in default, shall be

punishable with fine which may

extend to One Lac

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Page 12: Companies Bill 2013 | First Annual General Meeting | AGM | Notice for AGM | Consent for AGM | Quorum

Penalty

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The Companies Bill, 2013

In the case of a continuing

default, with a further fine which

may extend to five thousand

rupees for every day after the first

during which such default

continues.

The Companies Act, 1956

In the case of a continuing

default, with a further fine which

may extend to two thousand five

hundred rupees for every day

after the first during which such

default continues.

Page 13: Companies Bill 2013 | First Annual General Meeting | AGM | Notice for AGM | Consent for AGM | Quorum

WHO ARE WE ?

Our expertise lies in services involving Company Registration

in India, FEMA Matters, Advice on Joint Ventures, LLP

Registration, Import Export Code, International Taxation,

Management Consultancy and Company due diligence

Services etc.

http://www.techcorplegal.comEmail us: [email protected] Follow Us

Company & Corporate Consultancy Firm

Page 14: Companies Bill 2013 | First Annual General Meeting | AGM | Notice for AGM | Consent for AGM | Quorum

WHO ARE WE ?

Multi-discipline, Full Service International Corporate

Law Firms based in New Delhi and Having

Association with Foreign Law Firms

We are Reliable, Knowledgeable and Hands-on.

http://www.techcorplegal.comEmail us: [email protected] Follow Us

Company & Corporate Consultancy Firm

Page 15: Companies Bill 2013 | First Annual General Meeting | AGM | Notice for AGM | Consent for AGM | Quorum

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Page 16: Companies Bill 2013 | First Annual General Meeting | AGM | Notice for AGM | Consent for AGM | Quorum

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