What is ‘National Holiday’ wrt holding of AGM under companies act?
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A National Holiday refers to any day that is officially declared by the Government of India as a public holiday (for example, Republic Day, Independence Day, or Gandhi Jayanti). When it comes to holding an Annual General Meeting (AGM), the concept of a national holiday is significant for several reaRead more
A National Holiday refers to any day that is officially declared by the Government of India as a public holiday (for example, Republic Day, Independence Day, or Gandhi Jayanti). When it comes to holding an Annual General Meeting (AGM), the concept of a national holiday is significant for several reasons:
Scheduling Considerations:
National holidays typically mean that government offices (like the Registrar of Companies) and other essential services are closed. This can affect the practical aspects of conducting the meeting, such as filing related documents or ensuring proper participation.
Quorum and Participation:
Since many directors and shareholders may be unavailable on a national holiday, holding an AGM on such a day could lead to issues with meeting the quorum requirements necessary for a valid meeting.
Best Practices:
Companies are generally advised to avoid scheduling AGMs on national holidays. If an AGM is scheduled on a national holiday, it is often postponed or adjourned to the next working day to ensure full participation and compliance with statutory requirements.
Conclusion:
See lessIn summary, a “National Holiday” under the Companies Act refers to days when official operations are suspended by government decree. For AGMs, this means companies should plan to avoid these dates to ensure that quorum is met and the meeting can proceed smoothly.