Statutory meeting

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

20 December 2009 I know that a statutory meeting is to be held not less than one month from the date of commecncement of business. But Iam slightly confused. Can I hold the meeting the next one or two days after I get the certificate of incorporation if all the members are in agreement about the noctice period being less tahn 21 days.

If so when will the company get its certificate of commencement.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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20 December 2009 It may be noted that a meeting held before the said period of one month cannot be called a statutory meeting. Ref :- section 165.

But if the statutory mmeting is proposed to be held validly,it can be called after giving shorter notice (less than 21 days) if consent is accorded thereto by members holding not less than 95% of the paid up share capital of the company as gives a right of vote at the said meeting. Ref: section 171/172.

Ankur Garg

Ankur Garg (Expert)
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21 December 2009 AGREE

Adherance of the time limit mentioned in section 165(1) is mandatory.

A meeting with in one month of incorporation can not be consider as a statutory general meeting.

Regards

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