Notice of Meeting

The notice of meeting must be issued by the company secretary 21 (twenty one) days before the meeting, except a shorter notice has been requested and agreed upon by the member or members holding at least 95 percent value of shares or voting rights in the company.

As per Section 101(3) of Companies Act, 2013 read with Secretarial Standards 2, Notice shall be given to:

1. Members, (legal representative of deceased member or assignee if an insolvent member)
2. Statutory auditors
3. Secretarial auditors
4. All directors
5. Debenture trustee (if any)

What is the Purpose of notice?

The primary purpose of the Notice of sufficient length is to enable a member of the company to read, understand the financial statements, performance and to raise any questions on the state of affairs. The secondary purpose is to enable members to issue special notice to the company for certain resolutions as per provisions of Section 115 or Section 111 for circulation of member`s resolutions.

Some basic points to be considered before sending of Notice of Annual General Meeting are:

• A Notice is required to be sent by hand delivery/ email / ordinary post/ speed post / registered post / courier / fax.
• If notice is sent via e-mail, the proof of deliver by taking print outs of mail need to be kept in record.
• AGM to be called during business hours (9AM to 6PM) except National Holiday (2ndOct, 15th Aug, 26th Jan), in the same city where the Registered Office is situated.
• AGM Notice with Documents mentioned above to be sent 21 clear days in advance of meeting. The date of sending notice and date of AGM shall be considered separately. However If Notice is sent by post/ courier, 2 days extra need to be considered.
• AGM notice also need to be publish over the website of the company, if any.
• As per Section 101(1), Meeting can be convened on a shorter notice with consent of the shareholders holding 95% paid up share capital.