Aravind Kannan (student) (86 Points)
23 February 2009In one of the examples for calculating the 21 days clear notice, it was given as follows:
Date of AGM 07.09.2005
Date of despatch of notice 16.08.2005
16.8.05 to 7.9.05 23 days
Less date of servie and meeting: 2 days = 21 days
Less: Transit time : 48 hours i.e. 2 days = 19 days
Thus there is a shortage of two days. But, in the illustration, the shortage is given as one day only (23--2--1) = 20 days
Please clarify
gourav
(student)
(113 Points)
Replied 24 February 2009
There must be shortage of two days in above example.......
From where you got this example ???????
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 24 February 2009
| Originally posted by :Aravind Kannan | ||
| " | In one of the examples for calculating the 21 days clear notice, it was given as follows: Date of AGM 07.09.2005 Date of despatch of notice 16.08.2005 16.8.05 to 7.9.05 23 days Less date of servie and meeting: 2 days = 21 days Less: Transit time : 48 hours i.e. 2 days = 19 days Thus there is a shortage of two days. But, in the illustration, the shortage is given as one day only (23--2--1) = 20 days Please clarify |
" |
The notice must be given before 21 clear days of AGM clear days means 21 +2+2(Two days if the notice is send by post and the date of AGM and date of posting is excluded) the the notice must be send atleast 25 days before the AGM
Deepak
(Chartered Accountant)
(52 Points)
Replied 27 April 2009
In one of the examples for calculating the 21 days clear notice, it was given as follows:
Date of AGM 07.09.2005
Date of despatch of notice 16.08.2005
16.8.05 to 7.9.05 23 days
Less date of servie and meeting: 2 days = 21 days
Less: Transit time : 48 hours i.e. 2 days = 19 days
Thus there is a shortage of two days. But, in the illustration, the shortage is given as one day only (23--2--1) = 20 days
Please clarify
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 27 April 2009
Piyush Bothra
(B.Com ACA CISA(Sys. Audit) ACS.)
(131 Points)
Replied 08 July 2010
its possible to reduce the length by check section 171.
Section 171
LENGTH OF NOTICE FOR CALLING MEETING.
(1) A general meeting of a company may be called by giving not less than twenty-one days'
notice in writing.
(2) A general meeting may be called after giving shorter notice than that specified in sub-section (1), if consent is accorded thereto -
(i) in the case of an annual general meeting, by all the members entitled to vote thereat; and
(ii) in the case of any other meeting, by members of the company (a) holding, if the company has
a share capital, not less than 95 per cent of such part of the paid-up share capital of the company
as gives a right to vote at the meeting, or (b) having, if the company has no share capital, not less
than 95 per cent of the total voting power exercisable at that meeting : Provided that where any
members of a company are entitled to vote only on some resolution or resolutions to be moved at
a meeting and not on the others, those members shall be taken into account for the purposes of
this sub-section in respect of the former resolution or resolutions and not in respect of the latter.
Yogesh Bhatt
(Company Secretary)
(475 Points)
Replied 09 July 2010
Dear Arvind,
In your case Date of Notice should be 13.08.2005.
If we simpaly analysis this section there shold be gap of 24 days between AGM and dispatch of notice.
Regards.
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 09 July 2010
| Originally posted by : Yogesh Bhatt | ||
 |
If we simpaly analysis this section there shold be gap of 24 days between AGM and dispatch of notice. |
 |
Dear Yogesh Ji,
There should be the gap of 25 days.
21 days notice + 2 days for posting + 2 days(the date of notice and the AGM is to be excluded).
Yogesh Bhatt
(Company Secretary)
(475 Points)
Replied 09 July 2010
Dear MR. Ankur.
I hv prepared excel sheet ..can u explain that sheet..
as per my calculation it's total 24 days.
regards.
Yogesh Bhatt
(Company Secretary)
(475 Points)
Replied 09 July 2010
Dear MR. Ankur.
I hv prepared excel sheet ..can u explain that sheet..
as per my calculation it's total 24 days.
regards.
Yogesh Bhatt
(Company Secretary)
(475 Points)
Replied 09 July 2010
Dear MR. Ankur.
I hv prepared excel sheet ..can u explain that sheet..
as per my calculation it's total 24 days.
regards.
hiten
(none)
(71 Points)
Replied 02 November 2010
Everything is clear with regards to the length of notice. I have kept three things in my mind viz:
1. exclude posting day.
2. exclude the date of meeting.
3. 2days (ie 48 hours ) in case if the notice is sent through Post shall be provided .
Kindly explain me the following viz. the solution to the question(same illustration is given in module of pcc) posted by aravind :
16thaug to 7th sept 23days
less: date of service and date of meeting 2days
21days
less: 48 hous of posting but 24 hours are
common between date of service
and 48 hours of posting 1 day
TOTAL 20 days
THE ABOVE SOLUTION IS AS PER MODULE OF PCC. I CANT UNDERSTAND THE TREATMENT OF 48 HOURS CRITERIA.
WHY HAS IT TAKEN 24 HOURS ONLY INSTEAD OF 48 HOURS AS GIVEN IN SECTION 53 OF COMPANIES ACT 1956
CAclubindia
