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Section 101 of the Companies Act 2013: Notice of Meeting

SECTION-101 (Notice of Meeting) under CHAPTER-VII (Management and Administration) of the Companies Act, 2013


(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:

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.





Extra Notes for Readers

(1) The Companies Act, 2013 received the assent of the President on the 29th August, 2013 (Published in the Gazette of India, Extraordinary, Part II - Section 1 by Ministry of Law and Justice, Legislative Department on 30th August, 2013) - link


(2) Section 101 of the Companies Act 2013 was notified by MCA Notification S.O. 902(E) dated 26th March 2014 (w.e.f. 1st April 2014) - link

(3) Relevant rule(s) of the Companies (Management and Administration) Rules, 2014 - link
  • Rule 18 - Notice of the Meeting
[Also check further amendments, if any, to the Companies (Management and Administration) Rules, 2014]


(4) Specified IFSC Public Company - MCA Notification G.S.R. 08(E) dated 4th January, 2017 - link

Serial
Number
Provisions of the Companies    Act,    2013 (18 of 2013)
Exceptions/Modifications/Adaptations
24.
Sections 101 to 107 and section 109
Shall apply in case of a Specified IFSC public company, unless otherwise specified in the articles of the company.


(5) Private Companies - MCA Notification G.S.R. 464(E) dated 5th June 2015 - link

Serial
Number
Chapter/Section number/Sub-section(s) in the Companies Act, 2013
Exceptions/Modifications/Adaptations
7.
Chapter VII, sections 101 to 107 and section 109.
Shall apply unless otherwise specified in respective sections or the articles of the company provide otherwise.

(6) Section 8 Companies - MCA Notification G.S.R. 466(E) dated 5th June, 2015 - link


Serial
Number
Provisions of the Act
Exceptions, Modifications and Adaptations
5.
Sub-section (1) of section 101.
In sub-section (1), for the words “twenty one days”, the words “fourteen days” shall be substituted.



This page was last updated on 14th March, 2017.

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