Companies Act, 1973 (Act No. 61 of 1973)Chapter VII: Administration of CompaniesMeetings of the Company186. Notice of meetings and resolutions |
| 1) |
| a) | Unless the articles of a company provide for a longer period of notice, the annual general meeting or a general meeting called for the purpose of passing a special resolution may be called by not less than twenty-one clear days' notice in writing and any other general meeting may be called by not less than fourteen clear days' notice in writing. |
| b) | Any provision in the articles of a company providing for a shorter period of notice, not being of an adjourned meeting, shall be void. |
| 2) | Notwithstanding the provisions of subsection (1), a meeting of a company shall be deemed to have been duly called- |
| a) | in the case of a meeting which is called on a shorter period of notice than is prescribed in that subsection or provided for in the company's articles, if it is so agreed, before or at the meeting, by a majority in number of the members having a right to attend and vote at the meeting who hold not less than ninety-five percent of the total voting rights of all the members of the company, or |
| b) | in the case of a meeting in respect of which notice as contemplated in sub-section (1) (a) has not been given, if it is so agreed in writing, before or at the meeting, by all the members of the company. |
| 3) | No resolution of which special notice is required to be given in terms of any provision of this Act shall have effect unless notice of the intention to move it has been given to the company not less than twenty-eight days before the meeting at which it is moved, and the company shall give its members notice of any such resolution at the same time and in the same manner as it gives notice of such meeting, or, if that is not practicable, either by advertisement in a newspaper having an appropriate circulation or in any other manner allowed by the articles of the company, not less than twenty-one days before the meeting: Provided that if a meeting of the company is called for a date twenty-eight days or less after notice of the intention to move such a resolution has been given to the company, the notice, though not given within the time required by this subsection, shall be deemed to have been properly given for the purposes thereof. |
| 4) | Any company which fails to give notice to its members as required by subsection (3), shall be guilty of an offence. |