Aravind Kannan (student) (86 Points)
23 February 2009In the illustraion under sec 171 in Ramaiya. the following is given.
If a general meeting is to be held at 3 p.m. on 5th April, service of notice of the meeting will be deemed to have been duly effected if it had been despatched by post at any time before 3 p.m. on 13 the March.
Thus, there is a gap of 24 days. But, clear notice means : 21 days + 2 days + 48 hours. Can I have it as 25 days? In such a case is the above illustration correct.
Please enlighten me.
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 24 February 2009
Dear Aravind,
In my opinion 21 clear days means 21 days + 2 days if the notice is send by post and the date on AGM and the date of sending of notice is excluded.Thus 21 clear days means 21+2+2 it means if the AGM is to be held on 5th April the notice is required to be send upto 10th March. 21 clear days must be taken as 25 days before the meeting.
Radheyshyam Falod
(CA)
(416 Points)
Replied 05 June 2009
Yes ankur is right and there is no maximum time limit set 21 i. e. 25 days is the minimum time limit
K.S.V.N.S.KAMESWARA RAO
(Company Secretary in Practice)
(34 Points)
Replied 06 June 2009
Aravind u r view is correct u got the point correctly... it is 25 days
Kamesh
geeta
(Student)
(42 Points)
Replied 09 June 2009
Divya Karthik
(S)
(459 Points)
Replied 11 June 2009
Date of AGM is 14/07/08.When shoud be the Board meeting should be held?& wat shall be the date of signing of Balance sheetin by the auditor?Pls help.Urgent.......Can the balance sheet be signed after AGM?PL help
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 12 June 2009
Dear Divya,
Date of Board Meeting may be at any time before the AGM but you need to give notice to the shareholders for atleast 21 clear days(i.e. 25 days) so it should be held as per the convenience of the company before atleast 25 days of the AGM.
Auditors must sign the balance sheet on the date of board meeting when the accounts are approved. No balance sheet is to be adopted at the balance sheet it must be audited and signed.
CA Sukriti Jain
(Senior, EY)
(1184 Points)
Replied 18 August 2010
CMA CS S.vadivel.
(Sr Manager - Finance cum Company Secretary)
(21 Points)
Replied 29 September 2015
If notice of the AGM is sent by E-mail, then what would be the clear days in this case.
Expecting your replies very soon.
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India
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