Bahagia Sdn Bhd was incorporated in December 2009. The first annual general meeting (AGM) of the company was held in April 2011. Appu and his uncle Jim are members of Bahagia Sdn Bhd. Appu attended the meeting but Jim did not attend as he did not receive notice of the meeting. The company claims that no notice was sent to Jim due to an accidental omission. At the meeting two separate resolutions were passed, namely, to alter the company’s articles as well as to increase the company’s share capital. Both resolutions were passed by a 60% majority.Required:Advise Appu and Jim, who seek your advice on the following:
(a) whether the company had breached the Companies Act 1965 in failing to hold an AGM in 2010. (3 marks)
