Write notes on the following: Matters requiring special notice
CS Professional · Advanced Company Law and Practice · PYQS · December 2015
Write notes on the following: Matters requiring special notice
Answer & Explanation:
Section 115 of the Companies Act, 2013 provides that where, by any provision contained in this Act or in the articles of a company, special notice is required of any resolution, notice of the intention to move such resolution shall be given to the company by such number of members holding not less than one per cent of total voting power or holding shares on which such aggregate sum not exceeding five lakh rupees, as may be prescribed, has been paid-up and the company shall give its members notice of the resolution in such manner as may be prescribed. The following matters require special notice under the Act: Resolution for appointment of an auditor other the retiring auditor at an annual general meeting [Section 140 (4)] Resolution at an annual general meeting to provide that a retiring auditor shall not be reappointed [Section 140] Resolution to remove a director before the expiry of his period of office [Section 169 (2)] Resolution to appoint another director in place of the removed director [Section 169 (5)]
Topics: General Meetings
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