14 days notice for agm

AOA is a internal documement of the company not a public document for private limit company

Originally posted by : valji
	AOA is a internal documement of the company not a public document for private limit company

agreed               

It is not vioaltion. Articles can very well define the working of the Company. So the 14 days notice is valid

pl ref sec 170 of comapnies act which provides under caluse 2 of  sub sec 1"unless the articles of the
company provides"

Hi,

This is to inform you that AOA and MOA are very much a public document and there is no doubt at all.

Further regarding 14 days notice for AGM I would like to submit as follows:

Position regarding public company

AOA of the company cannot overrule the specific provisions of the company Act, 1956. Regarding Length of notice section 171 is too specific and talks about 21 days clear notice. Hence provision in the AOA which requires 14 days notice is totally invalid in case of a public company. The above opinion is also supported by section 170(1)(i).

Position regarding private company

Kindly refer section 170(1)(ii), provisions of company act shall apply, unless otherwise provide in the AOA. So if the provisions of AOA are different in the private company for section 171 to 186, provision of AOA shall prevail over company act, 1956.

Conclusion

In your private company case 14 days notice for AGM is valid.

Regards

RG

The views expressed by Richank is correct.

Originally posted by : ravindranth
	The views expressed by Richank is correct.

Thank you sir...