Annual general meeting also known as AGM is a formal meeting of the company to be conducted annually.

  1. Time limit of holding AGM

First AGM of the company must be held within 9 months from the date of closing of first financial year of the company.

The Subsequent AGM of the company must be held, earliest among the following:

 The meeting must be held during business hours i.e. 9 a.m. to 6 p.m.

It is mandatory to send 21 clear days’ notice to each and every member of the company specifying date, time and place of meeting.

It should be served to every member of the company, Legal representative of any deceased member, assignee of an insolvent member, auditors of the company, every director of the company, secretarial auditor, debenture trustees or such other person as may be specified.

5 members personally present in case of companies having members Upto 1000;

15 members personally present in case of companies having members Upto 5000;

30 members personally present in case of companies having members more than 5000.

2 members personally present in case of Private companies.

All business transacted other than Ordinary business are considered Special business in the AGM.

Every member is entitled to appoint proxy by filing MGT-11 duly stamped and signed but one single proxy can be appointed for a maximum 50 members and Proxy is excluded for determining Quorum.

Members having share capital exceeding 10 percent carrying voting rights is prohibited from appointing Proxy. 

If the company is in default in holding AGM within the specified time limit then,

The company and every officer in default shall be liable for an initial fine of Rs.50,000/- and further Rs.2,500/- for each day till the default continues.

By Suraj Anand
Law Student, IME Law College, Ghaziabad