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Special notice u/s 225 of the companies act read with sec190

Shantilal K. Patel (chartered acc ountant) (39 Points)

13 July 2012

Dear sir,

Special notice u/s 225 in accordance with section 190 of the companies act 1956 can be given by a shareholder.

I have given notice as under to the company:

" Resolved that M/s abc & Co. Chartered Accountants be and hereby appointed as Statutory Auditors of ATY Co. Ltd.

in place of M/s DFH Chartered Accountants till the conclusion of the next annual general meeting."

Can a shareholder holding one share can give such notice?

Is there is/are condition/s for giving such notice?

If company wrongfully do not comply with the same, what remedy is available to the shareholder?

Please advise.

I have read your advertisement "LEGAL PROBLEMS" in the newspaper.

Yours Sincerely,

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2 Replies

Saurabh Maheshwari (B.com,ACA) (5923 Points)
Replied 13 July 2012

Yes a single shareholder can send the intended notice for appointment of other person as a auditor and company is under compulsion to comply the notice and reqired to send a copy of the same to all the shareholders if it has reasonable time to send before AGM and if not having reasonable time then the notice is required to be read out in AGM.....Further a copy of the notice is also required to be send to the existing auditor and he should be given an oppurtunity of being heard in AGM ...