Can an AGM be held with short notice? If yes, what is the provision please suggest.
18 Replies
Ruchika Somani
(Coaching and Practice in Tax Audit Law.)
(4429 Points)
Replied 01 August 2018
As per section 101(1) of the Companies Act, 2013 an AGM may be called after giving a shorter notice if consent is given in writing or by electronic mode by not less than ninety-five percent of the members entitled to vote at such meeting.
(Guest)
Shorter Notice for convening General Meeting - Companies Act 2013 [Section 101(1)]
Shorter Notice may be given to the shareholders of a Company for convening General Meeting be it Annual General Meeting (AGM) or Extra-Ordinary General Meeting (EGM).
Detailed provisions under the Companies Act 2013 are described below.
Standard notice period (minimum):-
Section 101(1) requires at least 21 days clear notice to be served on to call a general meeting of shareholders of companies.
Shortened Notice Period:-
Proviso to Section 101(1) allows a Company to hold/call for a shareholders’ meeting in a shorter notice period – i.e. of less than 21 days, provided consent is given in writing or by electronic mode by not less than 95% of the members entitled to vote at such meeting.
Time Limit for calling general meeting with a shorter notice: There is no time limit prescribed as such for serving of short notice. It can even be done on the same day when the general meeting is to be held. However, the Articles of Association of a Company may specify a time limit for such shorter notice.
Deepak Jha
(13 Points)
Replied 01 August 2018
can a majority shareholder attend the extraordinary general meeting from Singapore through video conferencing?
Ruchika Somani
(Coaching and Practice in Tax Audit Law.)
(4429 Points)
Replied 01 August 2018
| Originally posted by : Deepak Jha | ||
 |
can a majority shareholder attend the extraordinary general meeting from Singapore through video conferencing? |  |
Yes, Subject to specific matters which cannot be discussed via Video Conferencing
Ruchika Somani
(Coaching and Practice in Tax Audit Law.)
(4429 Points)
Replied 01 August 2018
| Originally posted by : Deepak Jha | ||
|
can u mention the section? | |
173(2)
Law Aspire
(CS)
(755 Points)
Replied 01 August 2018
| Originally posted by : Ruchika Somani | ||
|
Provided that a general meeting may be called after giving a shorter notice if consent is given in writing or by electronic mode by not less than ninety-five per cent of the members entitled to vote at such meeting u/s 101(1) | |
is there any format for taking consent for shorter notice, what is the actual flow of documents for obtaining consent for holding AGM at shorter notice.
Law Aspire
(CS)
(755 Points)
Replied 01 August 2018
Is there any need to first call board meeting to decide upon calling the AGM at shorter notice
Ruchika Somani
(Coaching and Practice in Tax Audit Law.)
(4429 Points)
Replied 01 August 2018
| Originally posted by : Law Aspire | ||
|
Originally posted by : Ruchika Somani Provided that a general meeting may be called after giving a shorter notice if consent is given in writing or by electronic mode by not less than ninety-five per cent of the members entitled to vote at such meeting u/s 101(1) is there any format for taking consent for shorter notice, what is the actual flow of documents for obtaining consent for holding AGM at shorter notice. |
|
There is no specified format however you may give notice using below words: We would like to inform you that a meeting of the Board of Directors of the Company has been scheduled to be held on ---------, ---- of ------, 20-- on a shorter notice with the consent of all directors at the registered office of the Company to transact following business: 1. 2. Thanking you, Yours truly ------------ Company Secretary Flow of documents is nothing except you have to take permission i.e consent of all directors and specify matters to be discussed in meeting
Ruchika Somani
(Coaching and Practice in Tax Audit Law.)
(4429 Points)
Replied 01 August 2018
| Originally posted by : Law Aspire | ||
|
Is there any need to first call board meeting to decide upon calling the AGM at shorter notice |
|
Refer to my answer above
charu sunpal
(2 Points)
Replied 12 February 2019
What could be the shortest Notice period for conducting EGM??
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