Friday, January 13, 2012

Requisites of Notice of a company Meeting


The Following are the requisites of a notice  of company meeting –
1) Company Act 1994 provides that every notice of the company meeting shall specify the place, date and time of the meeting.
2) The notice must be accompanied by the agenda which contains the business to be transacted in the meeting;
3) Every notice must be given to –
a) Every member of the company entitled to receive such notice;
b) Every legal representative of deceased member or insolvent members;
c) Auditor of the company.

4) Notice of every Annual General meeting must be given in writing to every shareholder, director and auditor before 21 clears before 21 clears days of the meeting and must be accompanied by relevant documents viz annual report of directors , annual accounts , auditor’s report, proxy forms etc.
5) Notice of the Statutory meeting must be accompanied by a statutory Report and 21 clear days notice should be served.
6) Notice of Extra – ordinary General meeting must be accompanied by an Explanatory statement.
7) Notice of every Board meeting must be given in waiting to every director who is present in before 21 clear days of the meeting.
8) In case of meetings other than Statutory , Annual General and Extra ordinary meetings and Board meeting. 14 clear days notice is necessary.
9) The notice must specify that a member is entitled to appoint prosy , if it is  allowed by articles  of Association and a proxy need not be a  member.
10) Notice should be served either through messenger or by post or by advertisement in the newspaper.
11) If notice of a meeting is given by advertising in the newspaper . It should be mentioned in the advertisement that the statements have been sent to the members of the company , such notice by advertisement shall be deemed to be duly served. On the day on which the advertisement appears in the newspaper, on every member of the company who has no registered address in Bangladesh.
12) No notice is generally required for adjourned meeting .
13) No notice is required in case of a committee  meeting , if the members agreed so.
14) Shorter notice may be served if it is agreed by-
a) members holding not less than 95% of the paid up capital of the company and entitled to vote at the meeting or
b) members holding not less than 85% of the total voting powers at the meeting

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