Urgent - annual general meeting

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

23 September 2014 We have our AGM on 26th September 2014. We had already issued notices etc. Now it came to our knowledge that we missed to take one special business in the notice. How to deal with it.

Please advice at the earliest.

Ankur Garg

Ankur Garg (Expert)
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23 September 2014 As per my opinion you may revise your AGM notice but for that you have to give fresh Notice and call AGM at shorter Notice u/s 101 of the Companies Act 2013.

Download format:

https://www.caclubindia.com/share_files/format-for-consent-for-shorter-notice-64288.asp#.VCGyS1dqOZQ

Querist : Anonymous

Querist : Anonymous (Querist)

24 September 2014 Is it possible to take consent of all the shareholders (100%) present for the agenda item

Aashok Kumar Sharma online

Aashok Kumar Sharma online

(Expert)
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02 August 2025 Here’s how you can handle the situation with the missed special business in your AGM notice just before the meeting:

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### Scenario:

* AGM scheduled on 26th Sept 2014.
* Notices already sent out, but **one special business item was missed in the notice**.
* You want to know how to deal with it, including if consent of all shareholders present can help.

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### Options to deal with missed special business:

#### 1. **Call an Adjourned or Fresh AGM with Revised Notice**

* As per **Section 101 of Companies Act 2013**, you can call the AGM with a **revised notice** including the missed special business.
* This AGM can be called at **shorter notice**, but you must get **consent of all members entitled to vote** (i.e., 100% consent).
* This means you send fresh notice and hold the meeting again.

#### 2. **Take Consent of All Shareholders Present at the Current AGM**

* If **all members present at the AGM (either in person or by proxy) agree unanimously**, then the special business can be transacted without prior notice.
* This is a practical solution **if all shareholders are present and willing**.
* You should record this consent **formally in the minutes** of the meeting.
* However, note this may be risky if some shareholders are absent or object later.

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### Best Practice Recommendation:

* If it’s **practical to get unanimous consent at the AGM**, do so and record the consent.
* Otherwise, **adjourn the AGM or call a fresh AGM with revised notice** including the missed item.
* Sending a fresh notice with shorter notice period under Section 101 with consent is legally safer.

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### Additional Tips:

* Use the **format for consent for shorter notice** (like from CAClubIndia link you shared).
* Document everything carefully.
* Keep shareholders informed to avoid disputes.

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