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Microlesson · 5-min read

Resolutions Requiring Special Notice (Section 115)

# Resolutions Requiring Special Notice (Sec 115)

## 1. What is 'Special Notice'?

Where the Act/AoA requires special notice before moving certain resolutions, members proposing the resolution must give advance intimation to the company.

## 2. Who Can Give Special Notice?

Members holding either:

  • ≥ 1% of total voting power, OR
  • PUSC of ₹5,00,000 (as prescribed).

## 3. Cases Requiring Special Notice

#Resolution
aAppointment of an auditor other than the retiring auditor at AGM
bResolution to prevent re-appointment of retiring auditor
cRemoval of a director before term
dAppointment of a new director in place of removed director
eOther matters specified by AoA

## 4. Procedural Requirements

### A. Signatures

Signed by members holding ≥ 1% voting power OR PUSC ≥ ₹5,00,000.

### B. Timeline of Notice to Company

Not earlier than 3 months and at least 14 days before the meeting (excluding day of notice & meeting).

### C. Company's Duty to Members

Inform members at least 7 days before meeting (excluding day of dispatch & meeting), in the same manner as general meeting notices.

### D. Alternative if Direct Notice Impractical

  • Publish in English newspaper AND vernacular newspaper circulating where registered office is.
  • At least 7 days before meeting.
  • Post on company's website (if any).

## Visual Timeline

```

Member's notice → Company → Members

(≥14 days & (≥7 days before meeting)

≤3 months before)

```

## Quick Recall Box

  • Threshold: 1% voting power OR PUSC of ₹5,00,000.
  • Member → Company: 14 days to 3 months before meeting.
  • Company → Members: 7 days before meeting.
  • Alternative: English + Vernacular newspaper + website.

Worked example

### Example 1

Example 1 — Threshold: Member holds face-value ₹4,80,000 (0.8% voting power). Answer: Fails both tests — cannot give special notice alone.

### Example 2

Example 2 — Timeline: Meeting on 30 June; member sends notice on 25 June. Answer: Must be at least 14 days before — only 4 days here; notice invalid.

### Example 3

Example 3 — Newspaper alternative: Company can't dispatch notice to all members for an AGM on director removal. Answer: Publish in English + vernacular newspaper in registered-office district at least 7 days before meeting; also post on website.

⚠️ Common exam mistakes

  • Using ₹1,00,000 instead of ₹5,00,000 as PUSC threshold.
  • Restricting Sec 115 to auditor matters only.
  • Confusing 'at least 14 days' with 'within 14 days'.
  • Omitting the website-posting requirement in alternative route.
  • Including day of notice and day of meeting in the time computation.
Bare-Act text Section 115 read with Rule 23 · Companies Act, 2013 · click to expand
Section 115: Where, by any provision contained in this Act or in the articles of a company, special notice is required of any resolution, notice of the intention to move such resolution shall be given to the company by such number of members holding not less than one per cent of total voting power or holding shares on which an aggregate sum of not less than five lakh rupees, as may be prescribed, has been paid up...
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