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    private limited company can hold a general meeting by giving notice of less than 21 days

    Posted By : CS Shiriti / Published on : 26-Jul-2022 07:40 AM / View : 927 / Comment : 3

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    As per sub-section (1) of section 101 of Companies Act, 2013, a company can call a general meeting by giving notice of twenty one clear working days notice either in writing or through electronic mode. Refer to Notification No. GSR 464(E) dated 5-6-2015 (Exemption to Private Company), in case of private companies, Section 101 shall apply unless otherwise specified in respective sections or the articles of association of the company provide otherwise. so private limited company can hold a general meeting by giving notice of less than 21 days if the articles of the private company so provides ?
    Read more on : notice less than days giving meeting limited company hold general

    • Hi Member,

      As per section 101(1) of the Companies Act, 2013, a company can call a
      general meeting by giving notice of twenty-one clear working days either
      in writing or through electronic mode. However, in case of private companies, section 101 shall apply unless otherwise specified in respective sections or the articles of association of the company provide otherwise. Thus, a private limited company can hold a general meeting by giving notice of less than 21
      days if the articles of the private company so provide.

       

      Conslusion: If the articles provides a period of less than 21 days then such period shall apply instead of 21 days.

      27-07-2022 / 05:40:47 AM
      Reply
    • Yes its Rightly mentioned.

       

      27-07-2022 / 07:14:04 AM
      Reply
    • Yes, a private limited company can hold a general meeting by giving notice of less than 21 days. As per Section 96(2) of the Companies Act, 2013, a general meeting of a company may be called by giving not less than clear twenty-one days' notice either in writing or through electronic mode.

      However, as per Section 101(1) of the Companies Act, 2013, a general meeting of a company may be called after giving shorter notice than that specified in Section 96(2), if consent is given in writing or by electronic mode by not less than 95% of the members entitled to vote at such a meeting.

      Therefore, if consent is obtained from not less than 95% of the members entitled to vote at the general meeting, a private limited company may hold a general meeting by giving notice of less than 21 days. However, in the absence of such consent, the company must give at least 21 days' notice before holding a general meeting.

      04-04-2023 / 08:35:48 AM
      Reply
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