Lex comply

    Holding GM at shorter notice in a private company

    Posted By : Kamal / Published on : 04-Aug-2021 05:34 PM / View : 117 / Comment : 0
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    Dear Members,

    The AoA of a pvt company provides for 3 days notice for holding any GM. Further it has expressly stated that provisions of Sec 101 of the Act is not applicable. It is silent about holding GM at shorter notice.

    Now the question is:
    Whether it can be interpreted that holding GM at less than 3 days notice after obtaining consent of requisite % of members as provided in 101 is possible?

    Since, there is no express restriction/ mention for holding at shorter notice.

    OR

    To be interpreted as holding GM at less than 3 days is not possible at all?

    Since, Sec 101 is expressly stated as not applicable.
    Read more on : company private notice shorter holding



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