Notice under section 257

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Priya (Querist)
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14 September 2012 Sir/ Mam

Is it mandatory to send notices under 257 for directorship at the registered office of the ompany.

the provision talks about office of the company?

Moreover, should we attach the candidature of the directors received while intimating members under 257(1)

Need an urgent advice,Thanks.

Amol S Joglekar

Amol S Joglekar (Expert)
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14 September 2012 office of the company is construed as REGISTERED OFFICE CLAUSE.

Priya

Priya (Querist)
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14 September 2012 Sir, what if the company has been receiving all the notices at corporate office? will they be valid?

is there any case supporting this?

Thank you

Amol S Joglekar

Amol S Joglekar (Expert)
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14 September 2012 If you have a valid acknowledgement to prove so, then go ahead.. no case law is required. Be in custody of the acknowledgement... the the question of corporate office, or central office, or registerred office or by whatever name called is IMMATERIAL

Priya

Priya (Querist)
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14 September 2012 thank you sir. But my concern is can anybody in AGM raise an issue that since Notice was not received at regd office, the candidature will remain cancelled?

Amol S Joglekar

Amol S Joglekar (Expert)
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14 September 2012 if you have a valid acknowledgement, then you can get away with all such queries.

Priya

Priya (Querist)
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15 September 2012 thank you so much Sir for correct guidance. Please request your kind advice on my second query as well.

just a simple mention of the names is enough under 257(1) or proper candidature received should be enclosed as well. I have learnt that in listed company's too, the candidature & consent letter is not enclosed while intimating members u/s 257(1)

Amol S Joglekar

Amol S Joglekar (Expert)
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15 September 2012 Ther is always a differrence between PRACTICE and LAW/ACT. The intent of the ACT is very clear... it is aiming at as many details as possible. I think at least, something needs to placed on the record that the request has moved from the member and not from the company.

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