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Board meeting and AGm

kunjal (student) (22 Points)

28 May 2020

what are the relevant provisions under companies act, 2013 under which a board meeting and AGM be held on the same day and that too for any other business (not issuing notice)?

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Harish choursiya (Student cs professional ) (249 Points)
Replied 28 May 2020

Without intimation we can not do anything and for the same date of meeting of board and members can be held with compliance of all relevant provision like

1.section 173 for board meeting read with s s 1

2.section 96 for AGM read with s s 2

3.section 101,102 and 136

List is inclusive. . ..

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Chirag (Professional) (1979 Points)
Replied 28 May 2020

Not possible at all, I would like to bifurcate your query in two parts , First one having board meeting on same day when AGM is scheduled, that is possible but having AGM without issuing notice ,agenda, explanatory statement which requires 21 clear day time period from date of issuing notice for every company except OPC ,it's not allowed at all, subject to calling meeting at shorter notice to transact urgent matters, Where 95% of members entitled to attend and vote gave their pre consent through any medium as prescribed by company, I would also like to draw your attention that, AOB(ANY OTHER BUSINESS) can't be taken in general meeting, If any shareholder would like to put motion /resolution then special notice is required at least 6 weeks before meeting & for items under Sec. 160,140 then 14 days before the meeting.having min. qualification shares

Apart from it, in Board meeting AOB can be taken, subject to motion is seconded and assented by majority present at the meeting, however it can be passed only when ratified by majority of the board strength. Also board meeting can be called at shorter notice, however, resolution requires majority of board strength or consent of at least one I/D( if company have indepndent director)

I would like to recommend you to do thorough study of Guidance note issued by ICSI on SS-1 & SS-2 issued by ICSI,It will answer your all queries and will give practical understanding from Scratch. from inception to call boast meeting till signing of minutes and circulation.