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CS Executive · Company Law and Practice · General Meetings

Kaveri Foods Ltd, an unlisted public company with its registered office in Coimbatore, wants to hold its AGM in Mumbai. Which condition lets it do so under Section 96?

Kaveri Foods may hold the AGM in Mumbai only if all members give consent in writing or by electronic mode in advance. The relaxation for any place in India applies to unlisted companies and requires unanimous member consent, not a Board resolution or majority.

  1. AThe Board passes a resolution by simple majority
  2. BThe Registrar grants permission for the venue
  3. CAll members give consent in writing or by electronic mode in advanceCorrect
  4. DMembers holding a majority of voting power give consent

Explanation

An AGM must ordinarily be held at the registered office or another place within the same city, town or village. An unlisted company may hold it at any place in India if all members consent in advance in writing or electronically. Majority consent is not enough.

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