Section 101 of Companies Act 2013 has very clearly stated the time limit of sending notice of general meeting, to whom it has to be sent and the mode of sending.
Today, through this write up, we will be discussing provisions of Companies Act 2013 related to time limit and to whom notice of general meeting is required to be sent.
Time limit for sending notice of general meeting
Time limit for sending notice of general meeting has been specified in section 101 of Companies Act 2013.
As per section 101 of Companies Act 2013, a general meeting of a company may be called by giving not less than clear 21 days notice either in writing or through electronic mode in such manner as may be prescribed.
Shorter notice under Companies act 2013 may be called if consent is given in writing or by electronic mode by not less than 95% of the members entitled to vote at such meeting.
Earlier Companies Act 1956, required to get 100% consent of members to call an annual general meeting at shorter notice. Now, with the new section 101 of companies Act 2013, annual general meeting can be called with a shorter notice with 95% consent.
To whom notice of general meeting shall be sent
As per Section 101(3) of Companies Act 2013, a notice of general meeting shall be sent to every member of the company, legal representative of a deceased member or the assignee of an insolvent member, the auditor or auditors of the company and every director of the company.
In old Companies Act 1956, there was no requirement of sending notice of general meeting to directors. This provision has now been included in section 101 of new Companies Act 2013.
As per Section 101(4) of Companies Act 2013, 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 be invalidated the proceeding of the meeting.
New Companies Act 2013 has inserted a new provision that notice can be sent through electronic mode. This provision was not provided under the Companies Act 1956.
As per rule 18 of Companies (Management and Administration) Rules, 2014, notice may be sent through email as a text or as an attachment. The subject line in email shall state the name of the company, notice of the type of meeting, place and the date on which the meeting is scheduled.
Section 101(2) of Companies Act 2013, require every notice to specify the place, date, day and the hour of the meeting and shall also contain a statement of the business to be transacted at such meeting.
