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Companies act, 2013

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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.

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On 29 May 2020 at 13:41 Report
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student
99 Points Posted on 29 May 2020
AOA will Prevail
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On 29 May 2020 at 15:00
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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.
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On 29 May 2020 at 15:09
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delhi
720 Points Posted on 30 May 2020
Act will prevail it should be taken in harmonious interpretation action will be taken like this that both should comply.
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On 30 May 2020 at 03:03
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Professional
1979 Points Posted on 31 May 2020
Yes, Act will prevail, AOA may provide longer time.
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On 31 May 2020 at 12:48


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