Shareholders' Meetings ðĨ
1. Statutory Meeting (ABOLISHED) â
Was Required: For public companies, first meeting after IPO within 6 months. Status: Abolished by Companies Act 2013 (Amendment 2015). Reason: Reduced regulatory burden, not very useful.
(Mentioned for exam knowledge - you may see old questions on this)
2. Annual General Meeting (AGM) ð
Definition (Section 96): AGM is a mandatory yearly meeting of shareholders.
When to Hold:
- Within 6 months from end of financial year.
- Gap between two AGMs âĪ 15 months (can be extended by Registrar for special reasons).
Where: At registered office or within city/town/village where registered office is located.
First AGM Exception:
- New company can hold within 9 months of closing of first financial year.
- No AGM needed in year of incorporation.
Business Conducted at AGM (Ordinary Business):
- Approval of Financial Statements (Balance Sheet, P&L).
- Declaration of Dividend.
- Appointment of Directors (retiring by rotation).
- Appointment/Remuneration of Auditors.
- Any other ordinary/special business (with notice).
Penalty for Not Holding AGM:
- Company: Fine âđ1 Lakh + âđ5,000 per day of default.
- Every director: Fine up to âđ1 Lakh.
Yes! Companies Act 2013 allows Video Conferencing (VC) for AGM.
Since COVID-19: SEBI/MCA allowed most companies to hold virtual AGMs. Shareholders can attend from home, vote electronically (e-voting).
Condition: Company must ensure secure platform and proper identification.
3. Extraordinary General Meeting (EGM) âĄ
Definition (Section 100): Any general meeting other than AGM is an EGM.
Purpose: To discuss urgent matters that cannot wait till next AGM.
When Held: Anytime (as required).
Who Can Call EGM?
- Board of Directors (most common).
- Requisitionists (Shareholders holding âĨ 10% voting power):
- They submit written request to Board.
- If Board doesn't call within 21 days, requisitionists can call within 45 days.
- Tribunal (NCLT): In extraordinary situations or disputes.
Notice: 21 days (can be shorter with 95% members' consent).
Business at EGM:
- Usually special business (not routine).
- Examples:
- Issue of new shares.
- Alteration of Articles.
- Merger/Acquisition approval.
- Removal of director.
Comparison: AGM vs EGM ð
| Feature | AGM | EGM |
|---|---|---|
| Frequency | Once a year (mandatory). | As needed (optional). |
| Purpose | Routine business. | Urgent/special matters. |
| Who Calls | Board (mandatory). | Board/Requisitionists/Tribunal. |
| Penalty if Not Held | Yes (Fine). | No (not mandatory). |
Quiz Time! ðŊ
Test Your Knowledge
Question 1 of 5
1. AGM must be held within ___ months of financial year end:
ðĄ Final Wisdom: "AGM is routine. EGM is urgent. Both protect shareholder democracy!" ðģïļ
Next up: Board Meetings - Where directors meet! ðĒ
