Compliance with section 136 in case of Meeting at shorter notice - Need clarification on section 136 of NCA 2013

[Sudhir Sutar]

Dear All,

Compliance with section 136 in case of Meeting at shorter notice

In case Accounts are not ready on time, Company can propose to call AGM on shorter notice. In this scenario one can easily comply with the provisions related to calling of AGM on shorter notice. But now how to comply with the time line of 21 days given in section 136?

Kindly help me to interpret on following text of section 136 of NCA 2013

Section 136 of the Companies Act 2013, talked about right of member to copies of audited financial statements. As per section 136(1), without prejudice to the provisions of section 101, a copy of the financial statements, including consolidated financial statements, if any, auditor's report and every other

document required by law to be annexed or attached to the financial statements, shall be sent to every member of the company along with other specified persons, not less than twenty one (21) days before the date of the meeting.

Can Company hold its AGM at shorter notice without sending the financial statement within 21 days?

Thanks & Regards

Sudhir Sutar

Mobile:-  9743767488

[anjali jain]

IF AGM is called at a shorter notice by taking a consent from the shareholders for holding a meeting at shorter notice then it will be deemed consent for sending financials at shorter notice and there will no violation of sec 136.

For reference you may refer the below the link

http://www.caclubindia.com/articles/notice-to-shareholders-u-s-101-read-with-136-of-ca-2013-21749.asp

[Sudhir Sutar]

Thank you Anjali Ji

Thanks & Regards

Sudhir Sutar

Mobile:-  9743767488

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