Sec 219 - Circulation of accounts to Shareholders

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Rajesh K (Querist)
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09 December 2009 Hi,
As per Sec 219 of the Companies Act, 21 days (min time frame) is mentioned for despatching the accounts & annexures to the shareholders. But whether the AGM can be conducted on a shorter despatch of documents. For eg: If the Board Meeting approving the audited report, Notice to AGM & audited accounts are despatched to shareholders on 24th August 2009. Whether AGM can be conducted on 29th August 2009 on a shorter notice.
Pls advise
Thanks a lot
Rajesh K

Jagruti (CS)

Jagruti (CS) (Expert)
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09 December 2009 Yes it can be conducted on a shorter period for the despatch of documents provided if all shareholders give there written consent for the same.

For the format of Notice you can refer Form 22A

Ankur Garg

Ankur Garg (Expert)
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09 December 2009 No. It is simply not possible.

Shorter notice concent u/s 171 is only for dispatch of notice at shorter period.

Relaxation provided by section 171 is not available for the compliance of Section 219. You have to observe the wordings of section 219 very strictly.

Regards

Ankur Garg

Ankur Garg (Expert)
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09 December 2009 For downloading shorter notice consent form follow the link below:

https://www.caclubindia.com/share_files/files_display.asp?files_id=13690

Rajesh K

Rajesh K (Querist)
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09 December 2009 Hi,
Thanks for the reply.
As per Sec 219 (1)(c): "if the copies of the documents aforesaid are sent less than 21 days before the date of the meeting, they shall, not withstanding that fact, be deemed to have been duly sent if it is so agreed by all the members entitled to vote at the meeting." As per this clause whether the AGM can be conducted by collecting the consent from respective members.
Thanks a lot
Rajesh K

Jagruti (CS)

Jagruti (CS) (Expert)
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29 December 2009 Hence u can sent less than 21 days notice provided all members agree for the same.

FYI, you can refer Ramaiya for the same.

I hope ur query is resolved

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