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notice in case of adjourned meeting

patterson thomas (cs student) (53 Points)

25 March 2011

pls anyone can tell me.............

if meeting is adjourned is it neccessary to give notice for the adjourned meeting in case of AGM.????.......

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4 Replies

CA Sandeep Kumar (Audit Assistant) (804 Points)
Replied 25 March 2011

which meeting pls specify.

for example. board meeting- if no quorum, meeting automatically adjourned to next week, same day, same time/place, unless AOA has other provisions.

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CS Ankur Srivastava (Company Secretary & Compliance Officer) (17848 Points)
Replied 26 March 2011

In case of Adjournment of Board Meeting

Under Section 288 if the meeting could not be held for want of quorum, then unless the Artilces otherwise provide, the meeting shall automatically adjourned till the dame day in the next week, at the same time and place, or if that day is the public holiday, till the next succeeding day which is not a public holiday at hte same time and place.

It requires, fresh notice to all the directors regarding adjournment and new date of Board Meeting.

Fresh notice is not necessary if the meeting is adjourned to the same day next week. It is however desirable to give notice in that case too. [Promode Kumar Southern Steel Ltd.]

In case of listed companies, proper notice is requried to be give to the stock exchange that the meeting has been adjourned for want of quorum and will be held on such n such date within 15 minutes of the adjournment.

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CS Ankur Srivastava (Company Secretary & Compliance Officer) (17848 Points)
Replied 26 March 2011

ADJOURNEMENT OF ANNUAL GENERAL MEETING

An Annual General Meeting held in accordance with section 166 can be adjourned. But as per DCA Clarification the adjourned annual general meeting must itself be held within the statutory period (including the period of extension thereof, if any allowed) as provided in section 166(1).

Regarding detailed explanaiton of notice etc of adjourned AGM i would like to share the file of Shri Ankur Garg which is very informative and self explanatory.

Attached File : 12 42 company law notes my best file.pdf downloaded: 983 times

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Anuj (Assistant Cs) (21 Points)
Replied 09 December 2012

Originally posted by : CS Ankur Srivastava

An Annual General Meeting held in accordance with section 166 can be adjourned. But as per DCA Clarification the adjourned annual general meeting must itself be held within the statutory period (including the period of extension thereof, if any allowed) as provided in section 166(1).

Regarding detailed explanaiton of notice etc of adjourned AGM i would like to share the file of Shri Ankur Garg which is very informative and self explanatory.

Mr. Ankur Srivastava....i find following lapses in the attached notes of Mr. Ankur Garg....However, I am not 100% sure I am correct. Learned members are requested to enlighten this issue.

First of all If the GM is adjourned by the CM with the consent of members, then also notice is required even if meeting not adjourned sine dine, but if period of holding adjourned GM is exceeds 30 days....

Next, if the GM is adjourned as per Sec 174, I could not find any such circular of CLB, which states that notice needs to be given (by advertisement or whatever...) even if period of holding adjourned GM does not exceed 30 days.