Drafts

Draft of Extension of AGM (Annual General Meeting)

Draft Formats

Draft I _ CTC of Board Resolution:

CERTIFIED TRUE COPY OF THE RESOLUTION PASSED IN THE MEETING OF THE BOARD OF DIRECTORS OF (NAME OF COMPANY) HELD ON(DAY, DATE AND TIME OF MEETING) AT THE (PLACE OF MEETING).

The Chairman informed the Board that as our company having (Reason for extention).. Therefore, company would not be in a position to prepare its financial statements till __________________.

After discussions it was proposed to make necessary application to the Registrar of Companies, NCT of Delhi & Haryana, for extension of 3 months time for holding the Annual General meeting of the Company for the period ended _________________. It was further decided to authorize a representative on behalf of the Company to sign and verify the application and also to take such necessary steps for obtaining approvals, statutory, contractual or otherwise, in relation to the above said purpose.

The Board considered the same and passed the following resolution:

“RESOLVED THAT pursuant to the provisions of sub section (1) of Section 96 and other applicable provisions, if any, of the Companies act 2013, and subject to the Articles of Association of the Company and subject to such approvals, and permissions of the appropriate authorities as may be necessary the company do hereby make an application to the Registrar of Companies for extension of 3 months time for holding the Annual General Meeting.

RESOLVED FURTHER THAT (Name of Authorized director)of the Company, be and is hereby authorized on behalf of the Company to sign and verify the application and to take such steps as may be necessary for obtaining approvals, statutory, contractual or otherwise, in relation to the above if required and sign and execute all applications, documents and writings that may be required, on behalf of the Company and to do all acts, deeds and things including further authorization to the professional that may be necessary, proper, expedient or incidental for the purpose of giving effect to the aforesaid resolution.

RESOLVED FURTHER THAT a certified copy of the resolution be given to any one concerned in the matter.”

For and on behalf of

Name of Director (DIN)

 

Draft II _ Application for Extension of AGM:

To,

 The Registrar of Companies,

(Address of ROC)

Subject: Application for seeking extension of time for holding Annual General meeting for the period ending 31stDecember 2018 under Section 96(1) of the Companies Act, 2013

CORPORATE IDENTITY NUMBER (CIN)    :            ________________________

Dear Sir,

We would like to inform you that our Company, (Name of Company) (hereinafter referred to as the Company) is a Private Limited Company originally incorporated on __________________under the Companies Act, 1956 vide Certificate of Incorporation No. ________________ issued by the Registrar of Companies, Delhi & Haryana. The registered office of the Company is situated at __________________________. That the authorized Capital of the Company is Rs. ________________________________ and paid up capital of ___________________________.

In terms of Section 96 of the Companies Act, 2013 the Annual General Meeting for the period ended on _____________________ can be held up to ___________.

Mentioned hereunder are the circumstances due to which, our Company is not in a position to hold its Annual General Meeting latest by __________________________  in terms of section 96 read with Section 129 of the Companies Act, 2013:

Mention Reason for Non-possibility of holding of AGM

Therefore, company would not be in a position to prepare its financial statements till _________________ and hold Annual General Meeting on ___________________.

Therefore, it is not possible to hold its Annual General Meeting within the time specified under Section 96 read with Section 129 of the Companies Act, 2013. Considering the above circumstances, the Board in their meeting held on June28th 2019, has consented to seek necessary approval from your good office for extension of time for holding the ensuing Annual General Meeting for the period ended_____________________ till _____________________ and authorized Director(s) of the company to file necessary application, obtain permission and do all the needful acts in this regard.

The application is made bona-fide and in the interest of the justice and no one will be prejudiced if the special permission is granted under section 96 (1) of the Companies Act, 2013.

In context to this, the following documents are enclosed with this application:

  1. Certified true copy of the resolution of the meeting of the Board of Directors of the Company consenting to seek necessary approval for the extension in holding ensuing Annual General Meeting of the Company and also authorizing ___________________________ to make application and obtain the permission u/s 96 (1) of the Companies Act, 2013.
  1. Certified true copy of the Memorandum and Articles of Association: and

In case any further details or clarification is required, we would be pleased to attend the same immediately on hearing from you.

We once again request you to kindly grant the special permission u/s 96(1) of the Companies Act, 2013 at the earliest and oblige.

For and on behalf of

Name of Director (DIN)

 

CS Divesh Goyal

CS Divesh Goyal is a Fellow member of ICSI, Practicing Company Secretary, and Steering Voice in the Corporate World. He is a Prop. at Goyal Divesh & Associates, Company Secretaries. He is a competent professional having enrich 6 years post qualification experience as Company Secretary with expertise in Corporate Law, FEMA, IBC, SEBI, RBI. He has written more than 600 editorials on Companies Act, 2013 to keep at pace with the latest changes and critically analyse the implications of various provisions of the Companies Act, 2013, Insolvency & Bankruptcy Code, 2016, FEMA, RBI, SEBI etc. He is a vibrant, sought after, and spellbinding speaker and has delivered more than 200 sessions on various aspects of Company Law at ICSI, ICAI, and online platforms. Apart from his passion for his work he also believes in elevating his profession and for that dream

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One Comment

  1. What would be the standard reason we can give for applying extension of AGM, considering this Pandemic situation & MCA notification.

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