Specific Notice / Reply

Specific Notice / Reply

Special notice means the intention to move a resolution at a General Meeting has to be given specifically by the shareholders. It is governed by Section 115 of the Companies Act, 2013 and Rule 23 of the Companies (Management and Administration) Rules, 2014. The notice shall be given by members holding a minimum 1% of the total voting power or shares on which an aggregate sum of not less than Rs. 5, 00,000 has been paid up as on the date of the notice.

The Act prescribes the following matters for which special notice can be issued:

1) To a appoint a person as auditor other than retiring auditor or providing that the retiring auditor shall not be re-appointed, except when the retiring auditor has completed a consecutive term of 5 or 10 years, as the case may be. [Section 140]

2) To remove s director. [Section 169]

3) To appoint somebody as director in place of the director so removed.[Section 169]