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Notice of meeting

SECTION 101(1): NOTICE OF MEETING

Notice of meeting shall be served either-

·         Personally

·         Electronic mode

·         Through post at registered address in India and in absence of registered address, at any other address within India.

EXCEPTION

Where a member wants the notice to be served through registered post or speed post and willing to deposit the cost of dispatch, notice shall be served accordingly.

SOME KEY POINTS

·         Company is not liable to served notice of meeting outside India.

·         Notice shall be served to all members.

·         Where due to any accidental omission, notice of meeting could not be served; it shall not indicate the proceedings of meeting.

·         However if such omission is intentional then whole meeting shall became invalid.

SHORTER NOTICE

Company can call meeting at shorter notice if consent, in writing or by electronic mode is obtained:

                     i.            In case of AGM: by atleast 95% of members entitled to vote; &

                   ii.            In case of any other general meeting by members of company-

a)     having share capital: majority in number who represent at least 95%of paid up share capital.

b)     not having share capital: having at least 95% of total voting power.

EXCEPTION

Where due to meeting at shorter notice, any member prejudiced, then whole, meeting shall become invalid.

Law Language->

Section 101:

(1) A general meeting of a company may be called by giving not less than clear days’ notice either in writing or through electronic mode in such manner as may be prescribed.

Provided that a general meeting may be called after giving shorter notice than that specified in this sub-section if consent, in writing or by electronic mode, is accorded thereto—

         i.            in the case of an annual general meeting, by not less than ninty-five per cent. of the members entitled to vote thereat; and

       ii.            in the case of any other general meeting, by members of the company—

a)     holding, if the company has a share capital, majority in number of members entitled to vote and who represent not less than ninety-five per cent. of such part of the paid-up share capital of the company as gives a right to vote at the meeting; or

b)     having, if the company has no share capital, not less than ninty-five per cent. of the total voting power exercisable at that meeting:

Provided further that where any member of a company is entitled to vote only on some resolution or resolutions to be moved at a meeting and not on the others, those members shall be taken into account for the purposes of this sub section in respect of the former resolution or resolutions and not in respect of the latter.


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The contents of this article are solely for informational purpose. It does not constitute any professional advice. The author does not represent that the contents of the article are accurate or complete. Neither the Site/Blog 'Your Instasolv' and the author accepts any liabilities for any loss or damage of any kind arising out of any information in this article nor for any actions taken in reliance thereon.

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