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Short Notice

CS Prashant Damani (Service) (49 Points)

29 May 2009

Anybody please tell me the procedure of calling EGM at a short notice and also the minimum notice period and the related forms.

THANKS

PARSHANT

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9 Replies

Gargi Ranade (CS) (619 Points)
Replied 30 May 2009

Hi Mr. Prashant

In order to call EGM at shorter notice

1. you are required to obtain approval of atleast 95% of shareholder through Form22A (format attached )

2.You can call EGM at shorter notice even on the same date hence minimum notice period can be even the same day of meeting if possible

3.you have to give explanatory statement in the notice regarding all business as per section 173(2), in notice you should mention proposed resolution.

4. you have to mention in notice as well as minutes that this meeting is EGM

5. file form 23 for special resolution passed in the meeting

6. rest all the rules of AGM regarding proxy ,voting are same for EGM

Attached File : 55 form 22a.doc downloaded: 2479 times

Tharish V (Student) (988 Points)
Replied 04 June 2009

you are required to get approval of atleast 95% of members present and voting at that meeting...

Sangeet Hunjan (Company Secretary) (92 Points)
Replied 04 June 2009

Tharish

As per Section 171 approval of members holding 95 per cent of such part of the paid-up share capital of the company as gives a right to vote at the meeting, is required. It talks of total members and not present members.

Ajay Mishra (Company Secretary) (74332 Points)
Replied 05 June 2009

Right Sangeet.

Radheyshyam Falod (CA) (416 Points)
Replied 05 June 2009

Yes Gagri & Sangeet both are right and the approval is required in form no 22A

K.S.V.N.S.KAMESWARA RAO (Company Secretary in Practice) (34 Points)
Replied 06 June 2009

Hi Prashant,

Once the moment u r opted for shorter notice u may get the approval of members as required by sec 171 even at the meeting... so there is no time frame for shorter notice...

sangeet's view is total membership and not the members present at the meeting is correct..

Kamesh