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Mumbai University · FY LLB · Sem II
A public company was incorporated on 1st April 2025 and obtained its certificate to commence business on 15th April 2025
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A public company was incorporated on 1st April 2025 and obtained its certificate to commence business on 15th April 2025. (i) Is it required to hold a statutory meeting? (ii) When should it hold its first AGM?
Q3Situational Questions — Answer with reasonsAttempt Any Two • 6 marks each • Total: 12 marks2025
(C)A public company was incorporated on 1st April 2025 and obtained its certificate to commence business on 15th April 2025. (i) Is it required to hold a statutory meeting? (ii) When should it hold its first AGM?
Situation

Public company incorporated: 1st April 2025. Certificate to commence business obtained: 15th April 2025.

(i) Is it Required to Hold a Statutory Meeting?

No. The company is not required to hold a statutory meeting.

The Companies Act, 2013 has abolished the requirement for a statutory meeting. The concept of a statutory meeting existed under the Companies Act, 1956 (Section 165), which required every public company limited by shares or guarantee having a share capital to hold a statutory meeting within 1–6 months of commencement of business. The Companies Act, 2013 does not contain any such provision. Therefore, this public company, incorporated on 1st April 2025, has no obligation to hold a statutory meeting under the current law.

(ii) When Should it Hold its First AGM?

Under Section 96(1) of the Companies Act, 2013:

  • The first AGM must be held within 9 months from the date of closing of the first financial year.
  • The company was incorporated on 1st April 2025. Its first financial year will run from 1st April 2025 to 31st March 2026.
  • 9 months from 31st March 2026 = 31st December 2026.
  • Therefore, the first AGM must be held on or before 31st December 2026.

The Registrar may, for special reasons shown, extend the time for holding the first AGM by a period not exceeding 3 months (Section 96(1) proviso).

For subsequent years: AGM must be held within 6 months from the end of each financial year, and no more than 15 months should elapse between two consecutive AGMs.

Conclusion: (i) No statutory meeting is required under the 2013 Act. (ii) First AGM must be held on or before 31st December 2026.