Anybody please tell me the procedure of calling EGM at a short notice and also the minimum notice period and the related forms.
THANKS
PARSHANT
9 Replies
Gargi Ranade
(CS)
(619 Points)
Replied 30 May 2009
Hi Mr. Prashant
In order to call EGM at shorter notice
1. you are required to obtain approval of atleast 95% of shareholder through Form22A (format attached )
2.You can call EGM at shorter notice even on the same date hence minimum notice period can be even the same day of meeting if possible
3.you have to give explanatory statement in the notice regarding all business as per section 173(2), in notice you should mention proposed resolution.
4. you have to mention in notice as well as minutes that this meeting is EGM
5. file form 23 for special resolution passed in the meeting
6. rest all the rules of AGM regarding proxy ,voting are same for EGM
Attached File : 55 form 22a.doc downloaded: 2589 times
Tharish V
(Student)
(988 Points)
Replied 04 June 2009
you are required to get approval of atleast 95% of members present and voting at that meeting...
Sangeet Hunjan
(Company Secretary)
(92 Points)
Replied 04 June 2009
Tharish
As per Section 171 approval of members holding 95 per cent of such part of the paid-up share capital of the company as gives a right to vote at the meeting, is required. It talks of total members and not present members.
Radheyshyam Falod
(CA)
(416 Points)
Replied 05 June 2009
Yes Gagri & Sangeet both are right and the approval is required in form no 22A
K.S.V.N.S.KAMESWARA RAO
(Company Secretary in Practice)
(34 Points)
Replied 06 June 2009
Hi Prashant,
Once the moment u r opted for shorter notice u may get the approval of members as required by sec 171 even at the meeting... so there is no time frame for shorter notice...
sangeet's view is total membership and not the members present at the meeting is correct..
Kamesh
sonu
(CA Practice )
(205 Points)
Replied 13 June 2013
whether form is required to be signed by all the 95% shareholders
???????????//
Sneha
(Company Secretary)
(1594 Points)
Replied 13 June 2013
Yes. If there are 5 shareholders holding 95% of shaes. Then Form is required for all 5 shareholders respectively with signature
Priyanka Jain
(company secretary)
(33 Points)
Replied 04 October 2013
But if share holder is a Company then who will sign form 22A on behalf of Company.
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