Consent for shorter Notice

[K. Sankara Subramanian]

Dear Friends

Please clarify, whether the following is correct:-

As compared to old Act regarding consent for shorter Notice [i.e. 95% for EGM and 100% for AGM] the new Act [S.101 First Proviso] stipulates commonly that consent from 95% of members entitled to vote at such General Meeting for shorter Notice is sufficient. Hence even for AGM to be conducted at shorter Notice, consent from 95% of members entitled to vote at such Annual General Meeting for shorter Notice is sufficient.

[Nitin Dwivedi]

Yes as per NCA,2013 consent from 95 % of members entitled to vote is sufficient to conduct AGM at shorter notice.

NITIN DWIVEDI

FUJITSU TEN MINDA INDIA PVT. LTD.

Company Secretary- Finance & Accounts

Plot No- 383, Ph.-II Industrial Growth Center, Sector-3,

Bawal -123501 Distt.- Rewari, Haryana , India

Mobile: +91-9971118508

E-mail: ndwi...@fujitsuten-minda.co.in

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[Deepal Shah]

I agree with Mr. Nitin..Bt whether any form equivalent to ertwhile 22A has been notified yet or not..??

Regards,

Deepal.

[K. Sankara Subramanian]

Thank you Mr. Nitin and Deepal Shah.

No format of short consent as compared to F-22A is provided.

[Manoj Singh Bisht]

Hold on.. !

Interestingly, there is no provision for sending reports and financial statements at shorter notice under the new companies act 2013 (section 219 of the companies act 1956 had a provision for submission of accounts and reports at shorter notice). 

therefore, AGM can not be held at shorter notice since in any case, you need to send accounts and reports 21 days before the date of meeting. Though, there might be a situation wherein accounts & reports are ready but the Company has not yet taken a decision on few special business items to be approved by the shareholders, in those cases, accounts can be sent before hand and AGM notice can be given at shorter notice but this is a rare case.

EGM can be held at shorter notice.

Regards

Manoj

[Nitin Dwivedi]

No form for shorter notice consent is prescribed. 

NITIN DWIVEDI

FUJITSU TEN MINDA INDIA PVT. LTD.

Company Secretary- Finance & Accounts

Plot No- 383, Ph.-II Industrial Growth Center, Sector-3,

Bawal -123501 Distt.- Rewari, Haryana , India

Mobile: +91-9971118508

E-mail: ndwi...@fujitsuten-minda.co.in