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AGM

Mamta Batra (CS) (376 Points)

17 June 2009

Can a apublic company consider any other matter with the permission of chairman in the AGM, of which no prior notice has been sent?

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5 Replies

Khushboo Maheshwari (Company Secretary) (548 Points)
Replied 17 June 2009

As per my understanding all matter to be transacted at AGM other than the 4 items as mentioned in section 173 are special business and a prior notice of the same is required to decide on any special business. So i dont think any other matter can be decided in AGM

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Ankur Garg (Company Secretary and Compliance Officer) (114778 Points)
Replied 17 June 2009

Hi Mamta,

My answer would be 100% no. A company can not consider any other matter of which no prior notice has been sent even with the permission of chairman in the AGM.

But this kind of relaxation is available in case of statutory General Meeting by virtue of section 165(7).

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17853 Points)
Replied 18 June 2009

Any other matter (without prior notice) can be transact with the permission of Chairman in the Board Meeting but not in the General Meeting.

Pavan Jain S (Chartered Accountant) (1575 Points)
Replied 18 June 2009

In my opinion, Adjourn the meeting, give notice of the adjourned meeting specifying the matters to be discussed and you cant take up said other matter in the adjourned meeting.

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17853 Points)
Replied 18 June 2009

Dear friend in such situation notice is already issued. But the question was whether any matter be transacted without iclusion in the notice. And the answer is no.