A company’s general meeting must follow the regulations outlined in its articles of incorporation, bylaws, and Malaysian law. If this is not done, the general meeting will be canceled, as will any decisions made during the meeting. All partners must meet at least once a year to review the previous year’s accounts, decide on profit allocation, and nominate the company’s directors. The meeting notice must be issued to the partners by registered mail with acknowledgement of receipt and published in the official gazette. With Themis Partner, you can obtain a model of notice of meeting in English in Word format to proceed to your general meeting. Furthermore, our partner lawyers are available to assist you with this procedure if necessary.
The meeting notification notifies members of the date and location of the meeting. The agenda informs members of what will be discussed and done at the meeting, allowing them to decide:
➤ If they wish to attend the meeting
➤ If they do not plan to attend in person, how to cast their proxy or postal vote (if allowed by the rules)
The time and means for giving notice of a meeting are specified in the association’s regulations and must be scrupulously followed. Inadequate notification may render a meeting null and void. All members who are eligible to attend a meeting must be given appropriate notice.
What is included in the Notice of Meeting?
Notice letters have numerous components, including:
1. Meeting type: This tells the receiver what kind of meeting this is. Regular, yearly, and special meetings are held. 2. Date and hour of the meeting: The primary function of a meeting notice is to advise the recipients of the meeting’s date and time. This information is included in the letter by the expert who writes it, so that the attendants arrive on time. 3. Meeting attendees: The firm might invite several groups of people to the meeting. It’s critical to mention meeting attendees so that each group understands whether they’re expected to attend. 4. Meeting location: The location of the meeting is also included in these letters. This is critical information since the receivers must know where the meeting will be held. 5. Meeting goal: The assembly’s meeting is included in each meeting notice letter. This provides context for the assembly’s content to the readers. 6. Meeting agenda: Letters of notice also include a meeting agenda, which is a list of subjects that will be discussed during the meeting. Including this information assists recipients in preparing for the meeting.
What are the Notice of Meeting requirements?
Your meeting notices must also adhere to your corporation’s bylaws, which will most likely include guidelines for:
➤ Whether a meeting notice is required (and for what type of meeting)
➤ How many days in advance notices must be sent
➤ The right form of distribution (mail, email, phone, or other means)
➤ Waiver of notice
Furthermore, it is customary for the responsible officer to include in the meeting notice any materials that the company intends to distribute to the board for review prior to the meeting. This gives the directors complete understanding on the aim of the meeting.
Who sends the Meeting Notice?
In most firms, the secretary of the company or a corporate official is in charge of writing and sending out the meeting notice. In addition to the firm name, give the name and title of the person providing the notice. The notice of the general meeting shall be sent by hand, regular post, speed post, registered post, courier, facsimile, e-mail, or any other electronic means.
What types of meetings necessitate a notice?
The three most prevalent sorts of gatherings that require a notice are:
Special meetings: these are not held on a regular basis and are called for a specific reason or topic. A thorough meeting notice is especially crucial for a special gathering.
Like regular meetings, are frequently mandated by state business regulations and a company’s bylaws. Shareholder meetings are typically held once a year.
What is a General Meeting in Malaysia?
The Annual General Meeting (AGM) is held for shareholders to debate any issues concerning the company’s affairs and business, as well as to engage with the company’s directors. The annual shareholders meeting is another name for the AGM. All new registered businesses must hold their first AGM within 18 months of their establishment date. Following the first AGM, the meeting must be conducted each calendar year and no later than 15 months after the previous AGM. Two or more members who control at least 10% of the company’s share capital can convene an AGM.
Ordinary business concerns that are typically considered at an AGM include:
➤ New directors are appointed
➤ Directors are elected to replace those who are retiring
➤ Dividend declaration
➤ Director remuneration
➤ Appointment, reappointment, and compensation of auditors
➤ To obtain audited financial statements for the fiscal year's conclusion
What to consider before organizing a General Meeting?
Before setting a date, time, and location for the meeting, the responsible officer should confirm that a quorum of directors will be present. The board is barred from transacting any business at a meeting if a quorum is not present, and the meeting must be immediately adjourned.
For regular meetings, the responsible officer might develop a proposed schedule for board meetings to be held in the future year and submit it to the directors for review or approval. Once the final calendar has been confirmed, the responsible officer can disseminate it to the board members so that the appropriate dates can be entered into their personal itineraries.
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