ADVOKS GLOBAL · KENYA
Companies Act
281. Amount of notice to be given for general meetings
Edition: 2024-12-27 · In force
281. Amount of notice to be given for general meetings
(1)In convening a general meeting (other than an adjourned meeting), a private company shall give a least twenty-one days’ notice.(2)In convening a general meeting, a public company shall give—(a)in the case of its annual general meeting, at least twenty-one days' notice to members; or(b)in the case of any other meeting, at least fourteen days notice to members.(3)The company's articles may require a longer period of notice than that specified in subsection (1) or (2).(4)A general meeting may be convened by shorter notice than that otherwise required if it is agreed by the members.(5)The shorter notice referred to in subsection (4) is valid only if it is agreed to by the required majority of members.(6)For the purpose of subsection (5), the required majority of members is a majority of members who, having a right to attend and vote at a general meeting—(a)together hold not less than the requisite percentage in nominal value of the shares giving a right to attend and vote at the meeting; or(b)in the case of a company that does not have a share capital, together represent not less than the requisite percentage of the total voting rights at that meeting of all the members.(7)The requisite percentage for the purpose of subsection (6) is—(a)in the case of a private company, ninety per cent or such higher percentage, not exceeding ninety-five per cent, as may be specified in the company's articles; or(b)in the case of a public company, ninety-five percent.(8)The proceedings of a meeting that do not comply with the requirements of this section are void.