Companies Act

Section 101. Notice Of Meeting

(1) 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 in such manner as maybe prescribed:

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¹[Provided that a general meeting may be called after giving shorter notice than that specified in this sub-section if consent, in writing or by electronic mode, is accorded thereto–

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(i) in the case of an annual general meeting, by not less than ninty-five per cent. of the members entitled to vote thereat; and

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(ii) in the case of any other general meeting, by members of the company–

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(a) holding, if the company has a share capital, majority in number of members entitled to vote and who represent not less than ninety-five per cent. of such part of the paid-up share capital of the company as gives a right to vote at the meeting; or

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(b) having, if the company has no share capital, not less than ninty-five per cent. of the total voting power exercisable at that meeting:

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Provided further that where any member of a company is entitled to vote only on some resolution or resolutions to be moved at a meeting and not on the others, those members shall be taken into account for the purposes of this sub-section in respect of the former resolution or resolutions and not in respect of the latter.]

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(2) Every notice of a meeting shall specify the place, date, day and the hour of the meeting and shall contain a statement of the business to be transacted at such meeting.

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(3) The notice of every meeting of the company shall be given to–

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(a) every member of the company, legal representative of any deceased member or the assignee of an insolvent member;

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(b) the auditor or auditors of the company; and

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(c) every director of the company.

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(4) Any accidental omission to give notice to, or the non-receipt of such notice by, any member or other person who is entitled to such notice for any meeting shall not invalidate the proceedings of the meeting.

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1. The proviso subs. by s. 28,ibid. (w.e.f. 9-2-2018).