The Companies Act, 2013 provides a prior notice of 21 days be given to members before convening AGM/ EGM. But the AOA of the Company provides a notice of 7 days be given to members before convening AGM/ EGM. what will prevail ? please list the provisions and rules.
4 Replies
Chirag
(Professional)
(1979 Points)
Replied 29 May 2020
Yes, Agree with Rohit, AOA will prevail, Note That AOA should not be in derogation of the act, but may provide something stricter than act itself..Like for board meeting act provides quorum of 1/3 or 2 which ever is higher, but AOA may provide for min.3 directors.etc.
pritesh
(delhi)
(720 Points)
Replied 30 May 2020
Act will prevail it should be taken in harmonious interpretation action will be taken like this that both should comply.
Chirag
(Professional)
(1979 Points)
Replied 31 May 2020
Yes, Act will prevail, AOA may provide longer time.
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