banner_ad

Directors at agm

Meetings 1041 views 3 replies

IS THR ANY SECTION WHICH CLEARY SAYS THAT NOTICE OF AGM HAS TO BE GIVEN TO DIRECTORS....?????

Replies (3)

Dear Manpreet,

 

As per Section 172(2) of the Companies Act 1956, Notice of every meeting of the company shall be given to:

i. every member;

ii. to the persons entitled to share in consequence of the death or insolvency of a member; and

iii. to the auditor or auditors for the time being of the company.

 

Thus, the Act is silent on serving directors a Notice of GM. 

 

As per Joginder Singh Palte vs. Time Travels Pvt. Limited. (1984) 56 Com. Cases 103 (Cal.), a Managing Director of a company who is not a shareholder cannot challenge the regularity on the ground that no notice of the meeting was served on him. If this is the case with the  Managing Director, then what can be said about other directors !

 

However, Secretarial Standards - 2 (on General Meetings) lay down that :

 

Notice in writing of every Meeting should be given to every Member of the company.  Such Notice should also be given to the Directors {"whether members or not"} and Auditors of the company, to the Practising Company Secretary who has given the Compliance Certificate, to Debenture Trustees, if any, and, wherever applicable or so required, to other specified recipients.

 

Thus, it is a good Secretarial Practice to serve a Notice of AGM to directors.

 

Warm Regards,

Veeral Gandhi

 

 

Originally posted by : Veeral Gandhi

Dear Manpreet,

 

As per Section 172(2) of the Companies Act 1956, Notice of every meeting of the company shall be given to:

i. every member;

ii. to the persons entitled to share in consequence of the death or insolvency of a member; and

iii. to the auditor or auditors for the time being of the company.

 

Thus, the Act is silent on serving directors a Notice of GM. 

 

As per Joginder Singh Palte vs. Time Travels Pvt. Limited. (1984) 56 Com. Cases 103 (Cal.), a Managing Director of a company who is not a shareholder cannot challenge the regularity on the ground that no notice of the meeting was served on him. If this is the case with the  Managing Director, then what can be said about other directors !

 

However, Secretarial Standards - 2 (on General Meetings) lay down that :

 

Notice in writing of every Meeting should be given to every Member of the company.  Such Notice should also be given to the Directors {"whether members or not"} and Auditors of the company, to the Practising Company Secretary who has given the Compliance Certificate, to Debenture Trustees, if any, and, wherever applicable or so required, to other specified recipients.

 

Thus, it is a good Secretarial Practice to serve a Notice of AGM to directors.

 

Warm Regards,

Veeral Gandhi

 

 

 

 

Nicely explained Veeral ji... Fully Agree

 

thnks a lot veeral n ankur g... for a detalied explanation..


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Topics
Loading
Company
16 May 2026
Account & Audit Asst

RAHUL KHANDEBHARAD & ASSOCIATES

Nashik

B.Com

View Details
Company
26 May 2026
Audit executive

vdsr & co LLP

Chennai

CA Inter

View Details
Company
22 May 2026
U.S. Financial Reporting & Consolidation Manager

Karia Overseas

Ahmedabad

CA

View Details
Company
01 June 2026
Audit, Taxation & Compliance Executive

R P S K & Associates

Nashik

CA Inter

View Details
Company
14 May 2026
Senior Associate

ABHISHEK SHANKAR AGARWAL & ASSOCIATES

Kolkata

CA

View Details
Company
ARTICLESHIP 23 May 2026
Article Assistants

Acupro Consulting

Gurgaon

CA Inter

View Details
Company
ARTICLESHIP 17 May 2026
CA Article /Trainee

Malik Sunil & co

New Delhi

CA Foundation

View Details
Company
22 May 2026
Sr. Financial Analyst - Consolidation

Search Synergy

Mumbai

CA

View Details