kindly help me by sending the draft of notice of EGM called on requisition by shareholders. please note that this should be the notice sent by requisitionist to all other members as Company fails to call the meeting within 45 days of receiving the requisition.
25 May 2011
SPECIMEN OF THE SPECIAL NOTICE/REQUISITION RECEIVED FROM A MEMBER TO CALL AN EGM
To. The Shareholders of the company, ……….. ……………… ………………..
Sub: Requisition for calling an Extraordinary General Meeting u/s 169
Sir.
I, the under signed member of the Company holding 37.20% of the paid up share capital issued by the Company as set out in the Schedule hereto requires you in terms of section 169 of the Companies Act, 1956 and Article 129 of the Articles of Association of the Company to convene an Extra Ordinary General Meeting of the members of the Company, to transact the following businesses by Ordinary Resolution:
(1) REMOVAL OF AUDITORS
RESOLVED THAT pursuant to the provision of section 224(7) of the Companies Act. 1956 and subject to the approval of the Central Government (Powers delegated to the Regional Director), M/s Jain & Co., Chartered Accountants of Kanpur, who were appointed as the Auditors of the Company at the last Annual General Meeting to hold office up to the conclusion of the next Annual General Meeting of the Company be and are hereby removed from such office of the Auditors, before the expiry of their term.
(2) APPOINTMENT OF NEW AUDITORS: RESOLVED THAT pursuant to the provision of sections 224, 224(18) and 225 of the Companies Act, 1956 and subject to the approval of the Central Government (Powers delegated to the Regional Director) for the removal of M/s Jain & Co., Chartered Accountants, the existing Auditors of the Company, M/s malhotra & Associates,. Chartered Accountants of Meerut be and are hereby appointed as the Auditors of the Company to hold office from the date of Order of Removal of the Auditors as approved by the Regional Director up to the conclusion of the next Annual General Meeting of the Company on a remuneration of Rs. 6,500 plus of out of pocket expenses.
Name of the requisitionist: …… L. F. No.: …. Shares held: …. % Holding: ………….. Signature: PLACE: ……………. DATED:
but i want a notice further to this one. in the sense that, once the above mentioned requisition is filed with the Company, Company should call for an EGM within 45 days.
now, if company fails to call it within that period, then requisitionist will play role of Directors and call for an EGM.
so i want a notice which requisitionist will send to all shareholders at this stage where company fails to call an EGM.
i hope you understand and wish you to help in this.
CAclubindia
