21 days' clear notice for AGM

Meetings 35526 views 16 replies

In one of the examples for calculating the 21 days clear notice, it was given as follows:

Date of AGM                                          07.09.2005

Date of despatch of notice                 16.08.2005

16.8.05 to 7.9.05                              23 days

Less date of servie and meeting:     2 days   =   21 days

Less: Transit time   : 48 hours i.e.    2 days  =    19 days

Thus there is a shortage of two days.  But, in the illustration,  the shortage is given as one day only (23--2--1) = 20 days

Please clarify

 

Replies (16)

There must be shortage of two days in above example.......

From where you got this example ???????

 

 

Originally posted by :Aravind Kannan
" In one of the examples for calculating the 21 days clear notice, it was given as follows:
Date of AGM                                          07.09.2005
Date of despatch of notice                 16.08.2005
16.8.05 to 7.9.05                              23 days
Less date of servie and meeting:     2 days   =   21 days
Less: Transit time   : 48 hours i.e.    2 days  =    19 days
Thus there is a shortage of two days.  But, in the illustration,  the shortage is given as one day only (23--2--1) = 20 days
Please clarify
 
"


 

The notice must be given before 21 clear days of AGM clear days means 21 +2+2(Two days if the notice is send by post and the date of AGM and date of posting is excluded) the the notice must be send atleast 25 days before the AGM

 

In one of the examples for calculating the 21 days clear notice, it was given as follows:

Date of AGM                                          07.09.2005

Date of despatch of notice                 16.08.2005

16.8.05 to 7.9.05                              23 days

Less date of servie and meeting:     2 days   =   21 days

Less: Transit time   : 48 hours i.e.    2 days  =    19 days

Thus there is a shortage of two days.  But, in the illustration,  the shortage is given as one day only (23--2--1) = 20 days

Please clarify

Dear Deepak, In the above illustrarion the shorage is as under 21 days from 17th would be 6th Sep and 2 days for posting i.e. 8th Sep. The Date of AGM is 7th Sep. But sir the date of AGM is also excluded. So there is clearly 2 days shortage not 1 days.

its possible to reduce the length by check section 171.

 

Section 171

LENGTH OF NOTICE FOR CALLING MEETING.

(1) A general meeting of a company may be called by giving not less than twenty-one days'

notice in writing.

(2) A general meeting may be called after giving shorter notice than that specified in sub-section (1), if consent is accorded thereto -

(i) in the case of an annual general meeting, by all the members entitled to vote thereat; and

(ii) in the case of any other meeting, by members of the company (a) holding, if the company has

a share capital, not less than 95 per cent of such part of the paid-up share capital of the company

as gives a right to vote at the meeting, or (b) having, if the company has no share capital, not less

than 95 per cent of the total voting power exercisable at that meeting : Provided that where any

members of a company are entitled to vote only on some resolution or resolutions to be moved at

a meeting and not on the others, those members shall be taken into account for the purposes of

this sub-section in respect of the former resolution or resolutions and not in respect of the latter.

Dear Arvind,

In your case Date of Notice should be 13.08.2005.

If we simpaly analysis this section there shold be gap of 24 days between AGM and dispatch of notice.

Regards.

Originally posted by : Yogesh Bhatt


If we simpaly analysis this section there shold be gap of 24 days between AGM and dispatch of notice.
 

 Dear Yogesh Ji,

 

There should be the gap of 25 days.

21 days notice + 2 days for posting + 2 days(the date of notice and the AGM is to be excluded).

Dear MR. Ankur.

I hv prepared excel sheet ..can u explain that sheet..

as per my calculation it's total 24 days.

regards.

Dear MR. Ankur.

I hv prepared excel sheet ..can u explain that sheet..

as per my calculation it's total 24 days.

regards.

Dear MR. Ankur.

I hv prepared excel sheet ..can u explain that sheet..

as per my calculation it's total 24 days.

regards.

Everything is clear with regards to the length of notice. I have kept three things in my mind viz:

1.    exclude posting day.

2.    exclude the date of meeting.

3.    2days (ie 48 hours ) in case if the notice is sent through Post shall be provided .

Kindly explain me the following viz. the solution to the question(same illustration is given in module of pcc) posted by aravind :

16thaug to 7th sept                                                               23days

less: date of service and date of meeting                       2days

                                                                                                21days

less:  48 hous of posting but 24 hours are

           common between date of service

            and 48 hours of posting                                              1 day

           TOTAL                                                                         20 days

 

THE ABOVE SOLUTION IS AS PER MODULE OF PCC. I CANT UNDERSTAND THE TREATMENT OF 48 HOURS CRITERIA.

WHY HAS IT TAKEN 24 HOURS ONLY INSTEAD OF 48 HOURS AS GIVEN IN SECTION 53 OF COMPANIES ACT 1956

           

jis din noticebana usi din post ardiya to jis din notice bana aur 2 din post ke .. ye dono ek dusre se coincide kar rahe hai..  isiliye sirf ek din minus karagaya

Thanks All.....


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