Shorter notice

Others 477 views 6 replies

Hello All,

Our articles state that the general meeting can be called by giving 7 days notice.It also specifically mentions that the section 171 to 185 does not apply to the company.So  this implies that we cannot call a meeting by giving a shorter notice of 3 days by form 22A under section 171(2)??

Thanks in advance

Replies (6)
Acc to me, you can call EGM/AGM at shorter notice as act itself gives the power to do so. The language of the articles can be interpreted as 21 clear days notice is not required instead 7 days notice will suffice.

I dont understand how I can call shorter notice.Please explain.

THe act gives us power to call shorter notice under section 171(2). As mentioned by me section 171 to 185 does not apply to the company as per our Articles of Association.Then can we call shorter notice still?????

Urgent!

I guess Act always over rides articles. Wait for others to reply.

Pl refer Sec.170(1)(ii).  It clearly states that Sec.171 shall apply to a private company unless the articles of the company otherwise provide. Since in the given case Articles provide for 7 days notice, meeting with 3 days notice cannot be called even with the consent of all shareholders.

 

Yes Thank you for your help.


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