Special Notice under Companies Act 1956 - Section 190

Special Notice:
An intention to move a Resolution, as may be required under the Companies Act, given to the Company in writing.

Time Limit for Special Notice: Notice of the intention to move the resolution shall be given to the company not less than fourteen (14) days before the meeting at which it is to be moved, exclusive of the day on which the notice is served or deemed to be served and the day of the meeting.

Company's Duty on receipt of Special Notice:
The company shall, immediately after the notice of the intention to move any such resolution has been received by it, give its members notice of the resolution in the same manner as it gives notice of the meeting, or if that is not practicable, shall give them notice thereof, either by advertisement in a newspaper having an appropriate circulation or in any other mode allowed by the articles, not less than seven days before the meeting.

What are the Resolutions requiring Special Notice under Companies Act 1956?

Ans:
(1) Resolution at an Annual General Meeting for Appointment of Auditor other than the Retiring Auditor, providing expressly that the Retiring Auditor shall not be Re-Appointed [Section 225(1)]

(2) Resolution to remove a director, or to appoint somebody instead of a director so removed at the meeting at which he is removed. [Section 284(2)]

(3) Appointment of small shareholders' director [Section 252]

(4) In Addition to the above two case, Special Notice will also be required where the articles of a company provide for the giving of a special notice for a resolution in respect of any specified matter or matters.