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regarding shorter notics

04 September 2019

if a company did not mention about shorter notice concept in its articles, then the board of directors or members can issue/give shorter notice ??

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3 Replies

Shubham Gupta (2 Points)
Replied 05 September 2019

in case of general meeting company shall have to take atleast consent of 95% of members in writing to approve a general meeting at shorter notice

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CS Rahul Kabra (CS) (141 Points)
Replied 05 September 2019

There is no need to mention shorter consent provision in the Articles of Association of the Company. Section 101 (1) of the Companies Act, 2013 clearly stats that a Company can hold/call for a shareholder's meeting in a shorter notice period provided that consent of not less that 95% of members entitles to vote at such meeting have been taken in writing or in electronic mode.

Chirag (Professional) (1979 Points)
Replied 14 September 2019

BOD meeting may also be called at shorter notice to transfer urgent business, when company can use any mode of sending notice to all directors, But resolution shall be passed only when Majority of Director present at the meeting give assent towards including I/D ( If company have I/D)