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pawan (prop)     26 July 2010

Shorter notice of AGM

In the case of shorter notice for calling AGM on sameday or next day, form 22 is to be signed from all the shareholders for private co.. But, let me know that  method of service of notice to shareholder for shorter notice mean telephinically or by post or by hand for attending the agm.

Also clarify that  Form 22 is to be signed at the agm from the shareholders. Also confirm that where the shareholders reside at Delhi, Bombay, Calcutta etc. at diffrent locations and the place of agm is at Shimla the how could it is possible to serve the notice of the agm and how the shareholder can attend the agm from the far locations. i.e. either to come through by train or by plane.

further also clarify that the form 22 is to be filed compulsorily with ROC with annual Returns i.e. form 20B/form 66 etc. and if it is not filed with the returns then what are the consequences. whethr agm is valid.

Kindly clarify

 

Pawan Kumar



 1 Replies

Ankur Garg

Ankur Garg (Company Secretary and Compliance Officer)     26 July 2010

Hi,

 

1. Service of notice to shareholder is strictly governed by section 53 of the companies act, 1956 so you have to follow section 53 properly in any whether going for shorter notice or proper 21 days notice.

 

2. Your problem about distance is correct. Honestly in this case shorter notice is not a good idea and a total failure. Rest is dependent on the shareholders. Send them shorter notice by post for record. Inform/Invite them on phone and collect their sign on shorter notice form. Hope you understand my point.

 

3. Yes filing of shorter notice form with ROC is must. However if you have missed the same no need to panic. File the same later as addendum. However if the case is old and filing is not possible then also no need to panic. File all signed shorter notice forms in the records of the company and use them accordingly if questioned by ROC.

 

Regards


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