Length of the notice of General Meeting

Meetings 1050 views 9 replies

 

Everything is clear with regards to the length of notice. I have kept three things in my mind viz:

1.    exclude posting day.

2.    exclude the date of meeting.

3.    2days (ie 48 hours ) in case if the notice is sent through Post shall be provided .

 

Kindly explain me the following problem :

Date of AGM                                                       07.09.2005

Date of despatch of notice by Post                16.08.2005

 

Answer to the question as per PCC module of ICAI

16thaug to 7th sept                                                               23days

less: date of service and date of meeting                       2days

                                                                                                21days

less:  48 hous of posting but 24 hours are

           common between date of service

            and 48 hours of posting                                              1 day

           TOTAL                                                                         20 days

 

THE ABOVE SOLUTION IS AS PER MODULE OF PCC. I CANT UNDERSTAND THE TREATMENT OF 48 HOURS CRITERIA.

WHY HAS IT TAKEN 24 HOURS ONLY INSTEAD OF 48 HOURS AS GIVEN IN SECTION 53 OF COMPANIES ACT 1956

 

ARE THERE ANY OTHER PROVISIONS IN THE ACT REGARDING THE SAME.

PLEASE POST YOUR REPLIES ASAP !!!

THANKS

         

Replies (9)

48 hours include the date of posting also

yes the 48hrs include the day of posting.

In gereal view it can be said 24days of notice, i mean in general terms we talk about days.

As per my understanding it will be 25 days..

 

An example..if the board meeting on 4th december, saturday.. so the notices can be dispatched on 6th december taking 25 days notice and the meeting will held on 31st december

 

jus hypothetical example... bkoz 5th december is sunday..

As per my understanding,

In the above case notice is served and posted on the same day of the meeting so common 24 hours (i.e one day ) is nt tkn into account. If that wud be considered then it wud hv double effect as v r excluding the day of meeting whn notice ws served and posting of notice which is one n the same.

In case notice is posted afterwards den v hv to consider both 48hours.

21 Clear days = 21 days (Exculding the date of posting and the date of AGM)

If the notice is send through post= 48 hours

 

Therefore, in my opinion, for the General Meeting dated 07/09/2010

Last date of sending notice would be= 14/08/2010

Explanation:- 21 days (excluding the date of posting) would be on = 04/09/2010

                          (+) 48 hours for the posting                                = +2 days(48 hours)

                                                                                                            = 06/09/2010

                          (+) 1 day i.e. excluded for the date of GM          = 07/09/2010

. then y as per my calculation if dispatch of notice is 14/08/2010 then EGM will be on 08/09/2010

 

Correct me if m wronmg

Date of Dispatch of Notice= 14/08/2010

21 days + 2 days for post (excluding the date of posting of notice)= from 15th

06/09/2010

Date of AGM=07/09/2010

bt 15th august wud be a public holiday......... so wud it be taken into account?

Ofcourse, it has to be taken.....
 


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