Section 219

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Querist : Anonymous

Querist : Anonymous (Querist)

23 September 2013 is it compulsory to take consent of all shareholders for giving balance sheet & p/l for less than 21 days separately. if yes than what is specific format for it, or we can assume that , this consent also covered in form 22A.

Ajay Mishra

Ajay Mishra (Expert)
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23 September 2013
Calling of a general meeting at shorter notice:

Section 171(2) of the Act, provides that a general meeting of a company can be called by giving shorter notice of less than 21 days, subject to the fulfillment of the following conditions:—
(i) In the case of an annual general meeting, it should be consented by all the members entitled to vote thereat; and
(ii) In the case of any other meeting of members, it should be consented by members holding not less than 95% of the paid-up share capital, having a right to vote at the meeting. In the case of a company not having a share capital, the proposal must be approved by members holding not less than 95% of the total voting power.
Members shall give their consent in the prescribed Form 22A for convening a general meeting by shorter notice. The consent shall be obtained from the members entitled to attend the meeting either before or at the time of the meeting. (Appendix 1).
Sub-section (2) of section 171 is mandatory and consents means 'consent of members entitled to attend and vote' and 'not of members entitled to vote and present'. [N.V.R. Nagappa Chettiar v Madras Race Club (1949) 19 Comp Cas 175 (Mad)].
Even though consent of shareholders to shorter notice for meeting at which a special resolution is passed, is not obtained prior to meeting, the consent obtained thereafter would validate the resolution. [Parikh Engg. & Body Building Co. Ltd., In re (1975) 45 Comp Cas 157 (Pat)].
Shareholders may validate by post consent a resolution passed at a meeting called on a shorter notice. [Self Help (P) Industrial Estate (P) Ltd., In re (1972) 42 Comp Cas 605 (Mad)].

Ajay Mishra

Ajay Mishra (Expert)
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23 September 2013

Specimen of Form 22A
Consent by shareholder for shorter notice
[Pursuant to section 171(2)]

To,
The Board of directors
Abha Jaiswal Consultants Ltd.
132, Mahavir Nagar
Indore (M.P.)
I, Pramod Jain S/o Shri Sheel Chand Jain, R/o Bamor Kala, District Shivpuri (M.P.) holding 1,000 equity shares of Rs. 100 each in the company in my own name, hereby give consent, pursuant to section 171(2) of the Companies Act, 1956, to hold the Annual General Meeting on 30th September, 2005 at shorter notice.

Ajay Mishra
Indore

Date:

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Querist : Anonymous

Querist : Anonymous (Querist)

25 September 2013 dear Ajay ji,

My query is not realted to section 171, it is realted to section 219(1) proviso (c)

"(c) if the copies of the documents aforesaid are sent less than twenty-one days before the date of the meeting, they
shall, notwithstanding that fact, be deemed to have been duly sent if it is so agreed by all the members entitled to vote
at the meeting."
THERE IS NEED TO TAKE CONSENT FOR THE ABOVE PURPOSE IF YES THEN WHAT IS SPECIFIC FORMAT FOR THE SAME. OR WE CAN ASSUME THAT IT IS THE PART OF FORM 22A