WHETHER A PRIVATE COMPAY CAN HOLD AGM BY REFERENCE OF PHONE CALLS ONLY NOT DUE NOTICE IN WRITING?
3 Replies
Giridhar S Karandikar
(Team Lead)
(7548 Points)
Replied 05 June 2012
No. It cannot. Provisions of section 286 are applicable to all co's public & pvt.
Sawita Rani
(ca final)
(229 Points)
Replied 03 July 2012
Dear Giridhar S Karandikar,
The question is about AGM while you replied about BOARD MEETING. Section 286 of the Companies Act, 1956 talks about notice of Board Meeting rather than AGM.
Dear Anita Ji,
AGM cannot be convened by Phone Calls. Section 171 of the Companies Act, 1956 says that a general meeting may be called by giving not less than 21 days notice in writting. Hence, you cannot call AGM by calling on phone.
Smriti Dhawan
(Company Secretary )
(347 Points)
Replied 03 July 2012
I agree with Ms. Savita. Section 171 of Companies Act defines 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.
AGM cannot be called by informing telephonically.
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