Diamond Ltd. issued a notice for holding its annual general meeting on 5 th September, 2023. The notice was sent to all members on 14 th August, 2023 through e-mail which was received by them on the same day. Suneeta, wh

As per section 101 of the Company Act, 2013 read with para 1.2.6 of the Secretarial Standard-2 a general meeting of a company may be called by giving not less than 21 clear days' notice either in writing or through electronic mode. Notice through electronic mode shall be given in such manner as may be prescribed. Where notice of meeting is sent by post, it shall be deemed to be served at the expiration of 48 hours after, the letter containing the same is posted. Each of 21 days must be a full and complete days. The expression "21 clear days" means that the day of service of notice and date of the meeting are to be excluded while calculating the period of 21 days. [N.V.R. Naggappa Chettair Vs. Madras Race Club (1949) 19 Comp cas. 175 (Mad)] With reference to above provisions the conclusion of the given case is as under- Date of holding the AGM is 05 th September, 2023 and date of dispatch of notice through email is 14 th August, 2023. So, 05 th September 2023 and 14 th August 2023 are to be excluded while calculating period of notice. Since, the notice has not been sent by post there is no need to add further 2 days as a transit period. The length of notice is, therefore, of 21 days which meet the requirement of law and hence, valid. If Company is section 8 company, in such case number of days' notice required as per section 101 of the Companies Act, 2013 is 14 days. Thus, in this case also the length of notice is valid.