(1) Period of notice Every meeting of the company may be called by giving a clear notice of not less than 21 days. Such information may be given in the manner prescribed in writing or by electronic means. To determine the date of sending the notice of the meeting, the following days should be included in these 21 days
(i) A day to post the notice of the meeting. (ii) Two days from the day of arrival of the notice by post.
(iii) One day the day of the meeting.
It is thus clear that if the notice of the meeting is sent at least 25 days in advance, then the meeting can be held on the twenty-fifth day. The important thing in this regard is that the notice of the House should be sent at the right time and not the delivery of the notice of the House at the right time. Therefore, even if the information sent at the right time reaches late, there is no effect on the validity of the information.
(2) Right to convene meetings- Generally meetings are organized by the directors. If a mistake is made in organizing the meeting of directors, then the shareholders should be urged to call the meeting of directors. If the meeting is not called by the operators even after the demand of the shareholders, then such meeting after 45 days from the date of demand by the shareholders; Can be called within three months of making a demand. If there is a mistake in the conduct of the annual general meeting by the directors, then the central government itself can organize such meeting.
(3) Procedure for giving notice- In order to hold a meeting, it is necessary that the notice of the meeting should be given to the persons at the right time. The following are the provisions regarding giving information (i) The information should be sent to the members either in person or by post to the registered address.
(ii) If a member has informed the company in advance that the notice may be sent to him by registered post or by certificate of posting and has also paid the cost in this behalf, the notice should be given in the manner specified. 48 hours after the notice is posted, it is deemed that the notice has reached the member. (iii) If notice is to be given to the joint shareholders, it should be given to the person whose
The name should be written first in the share register. (iv) If the notice of the meeting is published in a newspaper, the notice shall be deemed to have been received from the members whose registered address is not with the company on the day on which this notice is published.
(v) Sending the information through the prescribed electronic means. the electronic
Rules have been laid down for sending information through the medium. These rules have been incorporated in MGT-18 by M.C.A.
can be viewed on its website.
(4) Content of the notice – All types, time, place and date should be correctly mentioned in the notice as well as the details of the proceedings to be taken in the meeting should also be given. There can be two types of business in the assembly
(a) Ordinary Proceedings – Under ordinary proceedings, final accounts, reports of directors and auditors, declaration of dividend, appointment of directors and auditors and determination of their remuneration are considered.
(b) Special action – If a specific business is to be done in the House, a notice shall be given for it.
Detailed description should be attached. Although the agenda for the meeting of the Board of Directors was informed