ABC Limited is an unlisted company, having its registered office at Kolkata. The Annual General Meeting was held at Goa on 1st July 2021 at 3.00 PM and concluded at 8.00 PM. Consent of all the members

Ritesh · 23 Aug 2025

As per Section 96(2) of the Companies Act, 2013, every Annual General Meeting (AGM) of a company shall be held at the registered office of the company or at any other place within the city, town or village where the registered office is situated. However, by virtue of the MCA Notification dated 21st December 2018, an unlisted company may hold its AGM at any place in India if the consent of all members is obtained in advance. In the present case, ABC Limited is an unlisted company having its registered office at Kolkata. The AGM was held at Goa on 1st July 2021 and consent of all members was duly received on 24th June 2021. Thus, holding the AGM at Goa is valid. However, the provisions also state that an AGM must be called during business hours, i.e., between 9:00 a.m. to 6:00 p.m., on a day which is not a National Holiday. Since the given AGM concluded at 8:00 p.m., which is beyond the permissible business hours, the meeting becomes invalid. Conclusion: The holding of AGM at Goa is valid due to unanimous members’ consent, but the meeting is invalid as per law since it concluded after 6:00 p.m.