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The Companies Act, 2013

Chapter VII - Management And Administration (88-122)

Section 101- Notice of meeting.

[Notification Date: 26.03.2014; Effective from: 01.04.2014]

[Section 101 shall apply to a private company; unless otherwise specified in respective sections or the articles of the company provide otherwise;- Notification F No 1/ 1/2014- CL.V dated 05.06.2015].

[Section 101 shall apply to the  Specified IFSC public company, unless otherwise specified in the articles of the company. -Notification G.S.R. 08(E) dated 04.01.2017]

Section 101- Notice of meeting. [Corresponds to Section 171, 172 of the Companies Act, 1956]; [Relevant Rule: 18 of The Companies (Management and Administration) Rules, 2014]

 (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 may be prescribed - [Rule 18]:

The words "twenty one days", shall be substituted by the words "fourteen days" for Section 8 companies - Notification F. No. 1 /2/2014-CL.I dated 05.06.2015.

Provided that a general meeting may be called after giving a shorter notice if consent is given in writing or by electronic mode by not less than ninety-five per cent. of the members entitled to vote at such meeting.

(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.

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

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

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

(c) every director of the company.

(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.