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Agm on short notice

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Please suggest whether AGM and Board meeting can be kept on the same day on short notice.

 

The board meeting so held would be the one in which balance sheet would be signed.

And the balance Sheet would be placed in the AGM held 2-3 hours after the Board meeting.

Replies (5)

Yes, it is possible with the consent of all members entitled to vote thereat (in Form 22A) u/s 171(2)(i).

 

 

thank you

I guess its 95% of members consent is reqd for the same. Correct me if I am wrong as I am not sure.

Pl refer Section 171:

 

Length of notice for calling meeting.

171. (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 thereto7

(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

Thank you for your kind reply. Yes, its correct. 100% is required for AGM and 95% for other GM. This discussion will let me remember this provision.


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