Prateek Limited, an unlisted company, registered in the State of Arunachal Pradesh with 42 shareholders, wants to organize the Annual General…

Section 96 (2) of the Companies Act, 2013, states that every Annual General Meeting (AGM) shall be called during business hours, that is, between 9 a.m. and 6 p.m. on any day that is not a National Holiday and shall be held either at the registered office of the company or at some other place within the city, town or village in which the registered office of the company is situated. However, AGM of an unlisted company may be held at any place in India if consent is given in writing or by electronic mode by all the members in advance. Explanation-For the purposes of this sub-section, ‘National Holiday' means and includes a day declared as National Holiday by the Central Government. In the instant case, Prateek Limited, an unlisted company, can hold its AGM on 13 th August 2024 which happens to be a holiday declared by the Government of Arunachal Pradesh and so, this is not a national holiday.