prior notice of 21 days agm calculation

[ACS suresh chaudhary]

For XYZ PVT Ltd

BM for calling AGM held in the morning on:  06/09/2016

AGM notice despatched in evening by courier: 06/09/2016

AGM Date: 30/09/2016

whether prior notice of 21 days complied or not?

[Ramaswami Mohan]

yes. completed . 21 clear days + postal transit days.

regards,

Mohan

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CS. R.  Mohan
Mobile: 9908814677

[Sonia Yadav]

I think Yes, but to double assure you can mail the AGM notice on their registered email Id today..

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From: ACS suresh chaudhary <cssuresh...@gmail.com>
To: CSMysore <csmy...@googlegroups.com>
Sent: Thursday, September 8, 2016 11:02 AM
Subject: [CSMysore] prior notice of 21 days agm calculation

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[ACS suresh chaudhary]

Thanks to both of you.Someone said 25 days calculation in case of transit by post not fulfilled in this case.

[gopal sharma]

Dear Members,

As per SS-2, if you are sending notice by postal mail then u have to keep in mind that there should be a gap of minimum 25 days between the date of dispatching the notice and date of AGM.

In your case you would send ur notice of AGM on 5th September.

now you can send notice by mail otherwise you are contravening the provisions of  SS-2.

If you have query kindly read guidance notes on SS-2 issued by ICSI.

see its for ur reference as metioned in guidence notes SS-2:

" Addition of two days for Notice Posted

Further in case the company sends the Notice by post or courier, an additional two days shall be provided for the service of Notice. Addition of two days in case the company sends the Notice by post or courier is in line with Rule 35(6) of the Companies (Incorporation) Rules, 2014 which provides that in case of delivery by post, such service shall be deemed to have been effected in the case of a notice of a Meeting, at the expiration of forty eight hours after the letter containing the same is posted. 

Illustration: If a Meeting is to be held on the 25th of a month, Notice should be posted on or before 1st of the same month i.e. at least twenty five days before the date of the Meeting."

Regards

Gopal Sharma

[ACS suresh chaudhary]

If a Meeting is to be held on the 25th of a month, Notice should be posted on or before 1st of the same month

Therefore, If a Meeting is to be held on the 30th of a month, Notice should be posted on or before 6th  of the same month.

so 25 days completed,I think.

On Thursday, September 8, 2016 at 11:02:58 AM UTC+5:30, ACS suresh chaudhary wrote:

[ACS suresh chaudhary]

PFA screenshot of study module of ICSI for clearing the doubt.

Hows That !

On Thursday, September 8, 2016 at 11:02:58 AM UTC+5:30, ACS suresh chaudhary wrote: