Agm

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

02 June 2013 Listed Companies are required to give notice to members of AGM as per the provisions of The Companies' Act.If the notice falls short of the period, but may be a week before the scheduled date of AGM, if it is given in leading newspapers would it construe that the notice has been properly given under the Act?

CA Vikas Acharya

CA Vikas Acharya (Expert)
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03 June 2013 the notice will be valid if the consent of ALL the members for this short notice is obtained in writing either before, during or after the meeting.

Querist : Anonymous

Querist : Anonymous (Querist)

03 June 2013 This provision is not mentioned anywhere in the Act. can you please let me know the section under which it is covered?

Ajay Mishra

Ajay Mishra (Expert)
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16 June 2013 Hi

As per section 171 of the Act, at least 21 days clear notice shall be given to all the members of the company for convening of the annual general meeting.
An annual general meeting may be called on a shorter notice than 21 days, provided it should be consented by all the members entitled to vote at the annual general meeting in the prescribed Form 22A.

In newspaper notice is required when the shareholders address is not available with company or RTA and as per Listing Agreement comliance that notice of general meeting should be published in newspaper. Only newspaper publication of notice is not proper compliance for conducting AGM. The n otice will also be send by post to the shareholders at their registered address or email id.

Querist : Anonymous

Querist : Anonymous (Querist)

16 June 2013 Thank you for your excellent analysis & elaborate reply.

Ajay Mishra

Ajay Mishra (Expert)
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16 June 2013 My pleasure............

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