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Discussion > Business Law > Corporate > Special notice u/s 225 of the companies act read with sec190   Unanswered Threads Post New Topic

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shantilal k. patel


Chartered Accountant
[ Scorecard : 135]
PRO CHAT CALL
Posted On 13 July 2012 at 16:45 Report Abuse

 

Dear sir,
 
  Special notice u/s 225 in accordance with section 190 of the companies act 1956 can be given by a shareholder.
 
  I have given notice as under to the company: 
 
 " Resolved that M/s abc & Co. Chartered Accountants be and hereby appointed as Statutory Auditors of ATY Co. Ltd.
  in place of M/s DFH Chartered Accountants till the conclusion of the next annual general meeting."
 
  Can a shareholder holding one share can give such notice?
 
  Is there is/are condition/s for giving such notice?
 
  If company wrongfully do not comply with the same, what remedy is available to the shareholder?
 
  Please advise.
 
  
 
 
  Yours Sincerely,
     S.K.Patel

Anish Thakur 9459321520


advocate
[ Scorecard : 1780]
PRO CHAT CALL
Posted On 14 July 2012 at 17:55

dear querist, yes specialnoticeu/s225 with 190 can be given by a share holder but it had some conditions -

if all share holders have equal shares in the company.

if the share holder who is sending the notice have equal or more shares in the company.

share holder who is giving such notice can not issue such notice for his/her own appointment

share holder can not issue such notice in regard or concern relationg to any query if held over him or undergoing.

and if the company wrongfully dont comply the same he had right to call the meeting of co-sharers ,

he can withdraw his shares after this if company still dnt comply with his notice

no agreement can bound him to remain in company

 




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