RE: [CSMysore] Notice Period of AGM in Private companies.

[Rakesh Roshan Semwal]

Dear sir,

The regulations in the AOA of the company cannot override the provisions of the Cos Act 2013. Section 101 of the Cos Act 2013 provides that the general meeting of a company can be called by giving at least giving 21 days clear notice. However the general meeting can be called by shorter notice subject to the condition that 95% of the shareholders give their for the same. Therefore it is advisable that you amend your AOA, if possible from earlier date. Because provisions  in the Aoa cannot make the provisions of the cos act lenient however they can make the provisions of act  more stringent i.e. the Aoa may provide for larger notice period than 21 days.

Views of other members are solicited.

Regards
CS Rakesh Roshan

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From: Parmar Vinod
Sent: ‎17-‎09-‎2014 18:36
To: csmy...@googlegroups.com
Subject: [CSMysore] Notice Period of AGM in Private companies.

Dear Members,

The articles of our company states 7 days period for giving notice of AGM to its Members while as per companies Act 2013 it is 21 days clear notice.

Is the Provision of articles will prevail over companies act in case of pvt company?

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[udayp28]

Also need to consider requirement of Section 136 of CA 2013 it contradicts with 101 provisions relating to holding meeting at shorter notice. If we read Section 136 with 101 it means We can not hold meeting at shorter notice. and ICSI FAQ also mention the same.

Views of other members also solicited

Thanks 

Uday Pathak