Notice to agm

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BHUVANESH N (Querist)
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06 September 2016 Dear All

Kindly clarify whether a Article of Pvt Ltd can have a following clauses with regard to 21 clear days of Notice to AGM

All General Meetings including Annual General Meeting should be called by giving not less than 7 (seven) days notice in writing or by electronic mode; however the General Meeting can be called at shorter notice as provided in the Act.
and
Section 102 of the Act shall not apply to this Company

Thanks in advance.

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
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07 September 2016 Yes.

Section 101 to 107 and Section 109 of the Act shall apply to a private company unless otherwise specified in respective sections or the Articles of Association of the company provide otherwise. These sections deal with the following aspects:-
101-Notice of General Meeting
102- Explanatory Statements
103- Quorum
104- Chairman of the Meeting
105-Proxies
106- Restrictions on voting rights
107- Voting by show of hands
109- Demand for a Poll

This implies that Articles of Association can provide its own regulations, if so desired with regard to the provisions contained in the above section.

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