Can an annual general meeting be called at a shorter notice? Would your answer be different if it were an extra-ordinary general meeting?

CS Executive · Company Law · PYQS · June 2021
Can an annual general meeting be called at a shorter notice? Would your answer be different if it were an extra-ordinary general meeting?

Answer & Explanation:

Shorter notice As per Section 101 (1) of the Companies Act, 2013, Annual General Meeting may be called after giving a shorter notice, if consent is accorded in writing or by electronic mode by not less than 95% of the members entitled to vote at such meeting. In the case of extra-ordinary general meeting, a shorter notice can be given if consent is accorded by the members of the company: holding, if the company has a share capital, majority in number of members entitled to vote and who represent not less than 95% of such part of the paid-up share capital of the company as gives a right to vote at the meeting; or having, if the company has no share capital, not less than 95%, of the total voting power exercisable at that meeting. However, 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 in respect of the former resolution or resolutions and not in respect of the latter.

Topics: Meetings of Members

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