If due date of AGM is 30th September 2014, can the company by taking consent of 95% of members Call the board meeting on 28th September and send the notice on that date? Its a unlisted public Co.
4 Replies
AMIT MISHRA
(Legal Professional)
(393 Points)
Replied 27 August 2014
Hi Gaurrav,
Yes the same is possible. Provided the consent is there and the notice has been sent to all concerned parties in compliance of Section 101 and 102.
Thanks & Regards
Amit Mishra
CS MOHIT SALUJA
(PRACTICING CS Jalandhar 9914558709)
(5155 Points)
Replied 27 August 2014
Dear Gaurav, yes as per First Proviso of section 101(1), shorter notice can be sent for holding the General Meeting. But with respect to Annual General Meeting, we also have to read Section 136(1) which states that all the members should be sent the Financial Statement along with notice 21 clear days before the date of General Meeting.
So from my point of view, AGM can not be held with shorter consent of even 100% members.
Sandeep Kulkarni
(Asst to Company Secretary)
(22 Points)
Replied 27 August 2014
Mr. Mohit Sajula,
It is not like that.
Shorter notice can be given for AGM u/sec:101. But, Financials shall be sent 21 days in advance.
So, send BS & P&L 21 days before AGM, Send Notice in shorter.
CS MOHIT SALUJA
(PRACTICING CS Jalandhar 9914558709)
(5155 Points)
Replied 27 August 2014
Sandeep Ji, i agree with your reply. Thanks for correcting me
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