AGM WITH SHORTER NOTICE

Yes, the AGM can be held on 29th or 30th September if shorter notice consent has been obtained from the members, even though the statutory 21-day notice period could not be given.

Under Section 101(1) & 101(3), Companies Act 2013, an AGM can be called at shorter notice if consent is obtained from not less than 95% of the members entitled to vote.

Yes, an AGM can be called at shorter notice for a private limited company under Section 101(1) read with 101(3) of the Companies Act, 2013, provided consent is obtained in writing (or electronic mode) from members holding not less than 95% of the total voting power entitled to vote at that meeting.

Practical steps for shorter-notice AGM:

1. Obtain written consent from all members holding 95%+ voting shares before sending the notice. A simple email or WhatsApp message with confirmation reply is acceptable if the articles do not restrict electronic consent.

2. Send the AGM notice to all directors, auditors, and members (even those not part of the 95% consent). There is no minimum notice period restriction after the 95% consent is secured.

3. Attach the draft financial statements, Directors Report, and Auditors Report with the notice.

4. Hold the meeting. Quorum for a private company is 2 members personally present.

5. After the AGM, file AOC-4 within 30 days (financial statements) and MGT-7A within 60 days (annual return for small companies). If this is the first AGM for the company, the deadline is 9 months from financial year end.

Note: The 21-day notice requirement under Section 101(1) is a default rule. The 95% consent mechanism is the statutory override ,  it is not a workaround, it is provided by the Act itself for exactly this situation. For the full AGM compliance checklist including ROC filings that follow, this [AGM compliance guide for private limited companies](https://taxgarden.in/blog/agm-compliance-private-limited-company-india-2026) covers each step.