agm notice

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Khushboo Agarwal (Querist)
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28 January 2010 the companies act says that a notice for AGM should be issued within minimun 21 clear days. suppose a private company in its articles mentions that it would serve a notice 7 days prior to the agm..does it violate the companies act?

CA Prashant Gupta

CA Prashant Gupta (Expert)
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28 January 2010 A pvt company which not subsidiary of a public ltd company can make such article. u/s 170.
So articles is not violated companies act

CA PRIKSHIT GUPTA

CA PRIKSHIT GUPTA (Expert)
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28 January 2010 agree with Prashant

Jagruti (CS)

Jagruti (CS) (Expert)
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02 February 2010 Yes. in case of Pvt Company they can give any number of days notice as stated in Articles. As Section 170 clearly states that Sec 171 to 186 will not apply to Pvt Company if excluded by articles

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