Saturday, January 14, 2012

Resolutions requiring special notice


The companies Act 1994, provides that where by any provisions contained in the Act or in the Articles of Association, special notice is required of any resolution, notice of the intention to move the resolution shall be given to the company not less than 14 days before the meeting at which it is to be moved. The companies, Act adds that the Company shall, immediately after the notice of intention to move any such resolution has been received by it, give the members notice of the resolution in the same manner as it gives notice of the meeting either by advertisement in a newspaper having an appropriate circulation or in any other mode allowed by the Articles not less than 7 days before the meeting the following are the , requiring such special notice as per the companies Act, 1994.
1) Resolution that the retiring auditors shall not be reappointed.
2) Resolution of the appointment of an auditor other than the retiring auditor.
3) Removal of a Director before the expiry of his term.
4) Appointment of another person a director in place of the director removed.

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