Annual general meeting with shorter notice

Page no : 2

P.C. Joshi (service) (274 Points)
Replied 01 October 2013

Dear Ankur,

why it is necessary that date of AGM and date of notice for calling AGM by shorter notice should be the same(ref point No 2 of your mail) any period less than statutory period is a shorther notice. So if I issue AGM notie on 24.09.2013 for AGM to be held be on 30.09.2013 is it defective accoridng to you the date of notice should also be 30.09.2013.

secondly, if you read sub clause (i) of 171(2) it says " in case of an annual general meeting, by all members entitled to vote thereat,

logically when agm is called by shrther notice the consent of only those members present who are entitled to vote should be required. Because otherwise the company should first take the consent and then hold the AGM and if a company who has huge number of members throughout the country, how practically it is possible.

Please let me have your considered viewes of this.

Thanks

P.C. Joshi

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Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 01 October 2013

Dear Mr. Joshi,

As mentioned earlier, we may have a common date for notice and AGM. I am not saying that it is necessary as it was just an example to interpret shorter notice. We can have such shorter notice. We can definitely have AGM notice on 24.09.2013 for AGM to be held be on 30.09.2013.

Further now I would second your opinion that 100% consent of the members present in the AGM would be required considering the word “thereat” used in the section.

Thanks