Notice of annual general meeting

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

04 August 2013 what happens when a shareholder gets a notice of annual general meeting after the meeting was held? what happens in case of foreign share holder ? plz answer me this

Ajay Mishra

Ajay Mishra (Expert)
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04 August 2013 Hi

If the Company has complied the provision to serve the notice, then it will not be deemed as non compliance if the notice is not reached in time.

Service of notice
Section 53 raises a presumption about service of documents, send by registered post, but the presumption is rebut table. If a document had been sent by registered post but it had not reached, the addressee, it could not be said that the company is to be discharge from its obligation and that no right remain with the addressee. [Inter Sales v Reliance Industries Ltd. (2002) 108 Comp Cas 680 (Cal)] It is duty of legal representative to furnish his address to a company for notice to be sent to him.

Cause of action arises for non-compliance with provision of section 53 at place where registered office of company is situated from where documents are to be sent and court which has jurisdiction for entertaining complaint for non-supply of requisite documents is court within jurisdictional limits of which registered office of company is situated. [Karnataka Bank Ltd. v B. Suresh (2001) 32 SCL 441 (Kar)]

Querist : Anonymous

Querist : Anonymous (Querist)

05 August 2013 thank u sir

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