Section 101 of the Companies Act, 2013
Section 101 of the Companies Act, 2013 – Notice of Meeting
Overview:
Section 101 deals with the notice requirements for calling a general meeting (including Annual General Meeting or Extraordinary General Meeting) of a company.
Key Provisions:
Minimum Notice Period:
A general meeting of a company must be called by giving not less than 21 clear days’ notice either in writing or through electronic mode.
“Clear days” excludes the day on which notice is sent and the day of the meeting.
Mode of Sending Notice:
Notice can be sent:
By hand delivery
By post
By electronic means (e.g., email)
Recipients of the Notice:
The notice must be sent to:
Every member of the company
The auditors
Every director
Contents of the Notice:
The notice should specify:
Date
Time
Venue of the meeting
Agenda (business to be transacted)
Shorter Notice:
A general meeting may be called at shorter notice if consent is given:
In case of an AGM: by not less than 95% of the members entitled to vote.
In case of any other general meeting: by members holding not less than 95% of the voting power.
Objective:
To ensure adequate and timely communication to all stakeholders about the meeting and the business proposed to be transacted, promoting transparency and shareholder participation.
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