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Can egm be called at a shorter notice of 7 days

Megha Choudhary (Management Trainee) (541 Points)

22 March 2016

can it be called at shorter notice of 7 days?

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7 Replies

Amit Kanunga (Article Assistant and Post Gradute) (644 Points)
Replied 22 March 2016

A meeting of the Board shall be called by giving not less than seven days’ notice in

writing to every director at his address registered with the company and such notice shall be

sent by hand delivery or by post or by electronic means:

Provided that a meeting of the Board may be called at shorter notice to transact urgent

business subject to the condition that at least one independent director, if any, shall be

present at the meeting:

Provided further that in case of absence of independent directors from such a meeting

of the Board, decisions taken at such a meeting shall be circulated to all the directors and

shall be final only on ratification thereof by at least one independent director, if any.

Megha Choudhary (Management Trainee) (541 Points)
Replied 26 March 2016

i am talking about extraordinary generl meeting

not board meeting

sunitashaw (Company Secretaries) (76 Points)
Replied 26 March 2016

Pursunat to 101(1) of Companies Act, 2013 Company can hold EGM at a Shorter Notice after taking consent of the Members.

Megha Choudhary (Management Trainee) (541 Points)
Replied 28 March 2016

yup..format?

its like 95% members..or members who hold 95% of the shares in the company

Amit Kanunga (Article Assistant and Post Gradute) (644 Points)
Replied 28 March 2016

Format for obtaining shorter notice consent

The Companies Act, 2013

Consent by shareholder for shorter notice

{Pursuant to section 101(1)}

To,
The Board of Directors
ABC Private Limited
Registered Office Address

Dear Sir,

28/03/2016

Notice to Shareholders u/s 101 read with 136 of CA 2013 Corporate

I, Amit Kanunga, S/o Mr. Kanunga, R/o _____________________, holding 200,000 Equity shares
of Rs. 10/ of the company, as shareholder, hereby give consent, pursuant to section 101(1) of the
Companies Act, 2013, to hold the Annual General Meeting on Wednesday, September 30, 2014 at 11.00 a.m. at shorter notice.

(AMIT KANUNGA)

Date: March 28, 2016
Place:

Disclaimer:
This write up is intended to start academic discussion on few significant interpretations under Companies Act, 2013. It is not intended to be a professional advice and should not be relied upon for real time professional facts. Readers are advised to refer relevant provision of law before applying or accepting any of the point mentioned above. Author accepts no responsibility whatsoever and will not be liable for any losses, claims or damages which may arise because of the contents of this write up.

I am hopeful that this write up would be of some help w.r.t. your professional working and endeavours under Companies Act, 2013.

Kindly share your opinion.

Megha Choudhary (Management Trainee) (541 Points)
Replied 28 March 2016

members who hold 95% of the shares in the company

NEED TO SUBMIT THIS?

Amit Kanunga (Article Assistant and Post Gradute) (644 Points)
Replied 28 March 2016

Yes.

Notice of meeting.

101. (1)

A general meeting of a company may be called by giving not less than clear twenty-one days’ notice either in writing or through electronic mode in such manner as may be prescribed:

1. Enforced with effect from 1-4-2014.

Sec. 101

NOTICE OF MEETING

(1) Provided that a general meeting may be called after giving a shorter notice if consent is given in writing or by electronic mode by not less than ninety-five per cent of the members entitled to vote at such meeting.

(2) Every notice of a meeting shall specify the place, date, day and the hour of the meeting and shall contain a statement of the business to be transacted at such meeting.

(3) The notice of every meeting of the company shall be given to—

(a) every member of the company, legal representative of any deceased member or the assignee of an insolvent member;

(b) the auditor or auditors of the company; and

(4) Any accidental omission to give notice to, or the nonreceipt of such notice by, any member or other person who is entitled to such notice for any meeting shall not invalidate the proceedings of the meeting.