Section 171

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

20 February 2013 As per Section 171 of the Companies Act , 1956, a general meetng can be called by giving not less than 21 days notice.

Can a private company/ Public Company by amending its articles call General Meeting by not less than 7 days notice.

Ajay Mishra

Ajay Mishra (Expert)
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20 February 2013 You can call AGM by shorter notice.

CA. Sunil Kumar

CA. Sunil Kumar (Expert)
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20 February 2013 A company can give notice for short period if consent has been obtained by all members in form 22A.

Section 171(1) says that a general meeting of a company may be called for not less than 21 days notice/

section 171(2) meeting can be called by giving short notice if consent has been obtained.

Sec.170 provides that Secs.171 to 186 will be mandatory in case of public companies irrespective of contrary provisions in the Articles. However, in case of a private company the same will apply subject to provisions of Articles. It means private company can provide in its Articles that say only 7 days notice will be required for AGM. In such a case consent for shorter notice will be required only if notice of less than 7 days is to be given.

Querist : Anonymous

Querist : Anonymous (Querist)

25 February 2013 Thanks alot

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