Agm notice

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ifla almaas (Querist)
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07 August 2012 if a company due unavoidable circumstances could not include one item of a special business in its AGM notice and does not have time to print addendums and send it to all its members..can it furnish the same in a national newspaper? is it sufficient to cover the Special business ?

Charu Srivastava

Charu Srivastava (Expert)
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08 August 2012 According to me without prior intimation the business coannot be transacted in AGM/EGM.Moreover 21 days prior notice should be give.

Dont think so newspaper notice would suffice.

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Jiten Gupta

Jiten Gupta (Expert)
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08 August 2012 There is no any provision of agenda being published in news paper.

if the company is pvt ltd or all the number of shareholders are supposed to attend the meeting then follow the provisions of shorter notice U/S 171. Also if the company is Pvt Ltd then check AOA also, if it states otherwise.

ifla almaas

ifla almaas (Querist)
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10 August 2012 what if the item of special business is pertaining to appointment of director who should be appointed on the Board of the company with immediate effect? how do u notify this to the members in such short notice? will Sub Section 1A of Section 257 be of any help here ?

Jiten Gupta

Jiten Gupta (Expert)
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13 August 2012 you can appoint the intending person as Director u/s 260 and then regularise him in GM.

Director appointed u/s 257 is the one who is appointed in place of retiring director and also other than that.

Go ahead if you think circumstances are permitting you to do this.

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