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Companies act, 2013

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kunjal

student

22 Points Posted on 29 May 2020

The Companies Act, 2013 provides a prior notice of 21 days be given to members before convening AGM/ EGM. But the AOA of the Company provides a notice of 7 days be given to members before convening AGM/ EGM. what will prevail ? please list the provisions and rules.

Replies (4)

Quick Summary

This discussion addresses a common query regarding the notice period required for Annual General Meetings (AGM) and Extraordinary General Meetings (EGM) under the Companies Act, 2013. While the Act mandates a 21-day notice, a company's Articles of Association (AOA) might specify a shorter 7-day period. The consensus leans towards the AOA prevailing, provided it doesn't contradict the Act but can impose stricter requirements. However, some argue for harmonious interpretation ensuring compliance with both.

Rohit Deshpande

student

99 Points Posted on 29 May 2020

AOA will Prevail

Chirag

Professional

1979 Points Posted on 29 May 2020

Yes, Agree with Rohit, AOA will prevail, Note That AOA should not be in derogation of the act, but may provide something stricter than act itself..Like for board meeting act provides quorum of 1/3 or 2 which ever is higher, but AOA may provide for min.3 directors.etc.