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Discussion > Corporate Law > Meetings >

Quorum of General Meeting

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CS


[ Scorecard : 725]
Posted On 16 July 2010 at 15:47 Report Abuse

Dear All,

 

If a Pvt. Ltd. company is having only two shareholders and amongst two one is a body corporate. The body corporate gives proxy for attending AGM, is this violation of law for AGM quorum u/s 174 of COmpanies Act, 1956.

 

Please clarify the meaning of " two members personally present" does it include only the authorized representative of a body corporate or the proxy of the authorized representative of a body corporate?

 

Regards,


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Nitin Grover
CS


[ Scorecard : 1118]
Posted On 16 July 2010 at 16:11

Means any of the Director of that Company (body corporate as a shareholder)

and ya consequence is Quorum is not present and meeting shall stand adjourned to the same day in the next week, at the same time and place, or to such other day and at such other time and place as the Board may determine.

If at the adjourned meeting also, a quorum is not present within half an hour from the time appointed for holding the meeting, the members present shall be a quorum.

 

 

Regards



Total thanks : 1 times




CS Ankur Srivastava
Company Secretary & Compliance Officer


[ Scorecard : 14931]
Posted On 16 July 2010 at 16:23

In my opinion "two members personally present" shall include precence in person or by authorised representative but it does not in any case includes the proxy.

 

As Mr. Nitin rightly said, the meeting would be adjourned till the same date, placeand time in the next week or at any date time and venue as the directors may determine.

 

If at the adjourned meeting also, a quorum is not present within half an hour from the time appointed for holding the meeting, the members present shall be treated as quorum.



Total thanks : 1 times



vivek
CS


[ Scorecard : 725]
Posted On 16 July 2010 at 16:31

Thank you for your prompt reply, any one can become authorized representative of a body corporate if one has been authorised by way of the resolution of the said body corporate. Is it ok?



Nitin Grover
CS


[ Scorecard : 1118]
Posted On 16 July 2010 at 16:33

ya dear

authorised by Resolution is fine

Generally its Director or Admin Officer because of Business Important Transactions

 

Regards



Total thanks : 1 times



CS Ankur Srivastava
Company Secretary & Compliance Officer


[ Scorecard : 14931]
Posted On 16 July 2010 at 16:42

 

Originally posted by : vivek
Thank you for your prompt reply, any one can become authorized representative of a body corporate if one has been authorised by way of the resolution of the said body corporate.

Is it ok?

 Ofcourse Mr. Vijek,

It is ok, The Board can authorise anyone by way of Board Resolution to attend the general meeting on the behalf of the company.



Total thanks : 1 times



vivek
CS


[ Scorecard : 725]
Posted On 16 July 2010 at 16:45

Thanks



palak
cs


[ Scorecard : 385]
Posted On 22 July 2010 at 22:31

IF AGM IS ADJOURNED DUE TO WANT OF QUORUM . THAN ADJOURNED AGM CAN BE HELD ON SUNDAY .

AM I RIGHT?




Yogesh Bhatt
Company Secretary


[ Scorecard : 461]
Posted On 23 July 2010 at 17:05

Originally posted by : palak

IF AGM IS ADJOURNED DUE TO WANT OF QUORUM . THAN ADJOURNED AGM CAN BE HELD ON SUNDAY .

AM I RIGHT?

 YES.




Nitin Grover
CS


[ Scorecard : 1118]
Posted On 23 July 2010 at 19:46

Dear Palak

If AGM is Adjourned due to Quorum then AGM will be held on next week on same day at same time.

AGM can not be held on Sunday  means to say that if Original AGM can not be held on Sunday then Adj. AGM can not be held on Sunday (Adj. AGM will be on same day in next week)

 

Regards



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