Mayuri Lal (officer CS) (748 Points)
29 October 2010dEAR Members,
iwe are holding a board meeting today and we want to call EGM for change in name of the company AT A SHORTER NOTICE.
please tell me the minimum gap between the BM and teh EGM ..is it 7 days? if yes then i ill call teh EGM on 4th November..
My second question is is there any time limit for recieving teh consent. can it b on teh date of EGM
Regards,
CS Mayuri LAl
K Mohamed Ibrahim
(Company Secretary)
(104 Points)
Replied 29 October 2010
In my view, unless Articles provides any specified period, EGM can call even a same day of Board Meeting but ensure that you have received the consent from shareholders not less than 95% of voting rights.
Anshul Mittal
(Freelancing)
(741 Points)
Replied 29 October 2010
i m satisfird with " ibrahim" answer, it completly depends on ur articles......................
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 29 October 2010
Hi,
You may fix your EGM tomorrow or on November 04 with board meeting today subject to following conditions:
1. Intimation of EGM should be given to all shareholders.
2. Duly signed Shorter notice consent forms should be in your hand as on the date of EGM for your records.
3. Compliance of section 171(2)(ii) is must.
4. No time limit fixed for the receipt of Shorter notice consent but should be in your hand at least on EGM date.
5. No time gap prescribed between BM and EGM. You may call EGM on same day or by one day notice subject to legal compliance.
Regards
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 29 October 2010
To download sample shorter notice consent form click the link below:
Ajay Mishra
(Company Secretary)
(74337 Points)
Replied 30 October 2010
Hi
Please find draft shorter notice
Regards
Mayuri Lal
(officer CS)
(748 Points)
Replied 30 October 2010
Dear members,
Thank you for the reply.. my douvbt is clear now.
I hav one more doubt . i have made the notice and resolutions and the explanatory statement..
Now where in notice i hav to show that the meeting is called at shorter notice.
Regards,
CS Mayurilal
Ajay Mishra
(Company Secretary)
(74337 Points)
Replied 30 October 2010
Dear Mayuri
There is no restriction to show calling of notice at shorter notice.
Regards
Mayuri Lal
(officer CS)
(748 Points)
Replied 01 November 2010
thank u sir...i will send the notice the way it is made normally
CAclubindia
