AGM at Shorter Notice

[Narayan Sharma]

Can a Company call AGM at shorter notice, say at at notice of 2-3 hours, taking into consideration the the Act & Secretarial Standards. 

[CS Badri]

Yes you can call it provided 95 % of member give consent for same but point to be noted here is the accurate shorter notice period is not described so in my view you can additionally Kindly refer Section 101(1) first proviso. Other views are solicited 

Thanks

CS Badri

[Sonia Yadav]

I think in Secretarial Standard it is mentioned that consent should be received one day in advance for holding EGM at shorter Notice.

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From: CS Badri <csbps...@gmail.com>
To: CSMysore <csmy...@googlegroups.com>
Sent: Tuesday, April 26, 2016 5:00 PM
Subject: [CSMysore] Re: AGM at Shorter Notice

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[CS Badri]

In secretarial standard no where it is mentioned regarding Shorter notice is required atleast one day before such meeting. I have practically dealt with above matter.

On Tuesday, 26 April 2016 16:48:27 UTC+5:30, Narayan Sharma wrote:

[Narayan Sharma]

In my personal view also, since the term shorter notice has not been defined and act requires consent of 95% members only there should not be any problem in calling AGM at few hours notice. The practical situation is that the directors who are also the only members in the company will assemble to approve the audited accounts and Directors Report and thereafter immediately call the AGM to conclude the AGM formalities to avoid coming and holding AGM for the same matter. Otherwise also it is clarified by ICSI that Act shall override the provisions of SS in case of any inconsistency.        

[Premnarayan Tripathi]

Dear Friends,

 

Such circumstances are very much possible in today’s digital and fast moving world.

 

There is NO ILLEGALITY in holding an AGM even for smallest period of Notice of meeting if required consent is given by the Members.

 

Thanks & regards,

CS. Premnarayan Tripathi

PRT & Associates,

Company Secretaries

201, Sarthik Square, Nr. GNFC Info Tower,

S G Highway, Ahmedabad - 380054

(M): +91 89800 26497

E-mail: premnar...@gmail.com

 

From: csmy...@googlegroups.com [mailto:csmy...@googlegroups.com] On Behalf Of Narayan Sharma
Sent: Tuesday, April 26, 2016 6:20 PM
To: CSMysore
Subject: [CSMysore] Re: AGM at Shorter Notice

 

 

In my personal view also, since the term shorter notice has not been defined and act requires consent of 95% members only there should not be any problem in calling AGM at few hours notice. The practical situation is that the directors who are also the only members in the company will assemble to approve the audited accounts and Directors Report and thereafter immediately call the AGM to conclude the AGM formalities to avoid coming and holding AGM for the same matter. Otherwise also it is clarified by ICSI that Act shall override the provisions of SS in case of any inconsistency.        

On Tuesday, April 26, 2016 at 4:48:27 PM UTC+5:30, Narayan Sharma wrote:

Can a Company call AGM at shorter notice, say at at notice of 2-3 hours, taking into consideration the the Act & Secretarial Standards. 

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