21st clear day in respect of agm

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

03 July 2012 Dear Expert,

If AGM Scheduled on 31st, July then what should be date of Despatch of Notice???

Kindly reply the soon.

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
Follow

03 July 2012 Section 171 of the Companies Act lays down the length of a notice for calling a general meeting of a company. A general meeting of a company may be called by giving not less than 21 days notice in writing. 21 days notice means 21 clear days notice exclusive of the day of service of the notice and of the day on which the meeting is to beheld.

However, AGM can be called by shorter notice (less than 21 days) provided the consent to shorter notice is given by all the members entitled to vote thereat.

In case of private company which is not a subsidiary of a public company can have an appropriate provision in the article regarding length of notice for calling meeting. In such a case, provisions in articles should be followed.

ideally, Date of dispatch of notice should be 09/07/2012 (21 clear days). Also check the provisions in Articles of Association of the company for any express provisions regarding this.

Message likes : 1 times