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Special/ordinary resolution

honey (Compliance Executive) (73 Points)

12 December 2012

Please explain that how can we distinguish a resolution as special or ordinary. If available, please provide me the list of resolutions in each category.

Thanks in advance.

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CA Manish (Job) (5264 Points)
Replied 12 December 2012

Download from the below link:-

/share_files/list-of-resolutions-under-companies-act-51307.asp#.UMgxrVJK31U

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CA Suryakant Dubey (CA ) (931 Points)
Replied 12 December 2012

Ordinary resolution is passed in general meeting for conduct of ordinary business such as

1) Adoption of Annual accounts

2) Declaration of dividend

3 )Appointment of auditor/Director

Other than those decisions are approved by special resolution...

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CA Manish (Job) (5264 Points)
Replied 12 December 2012

Definition:-

Sec 189 - Ordinary and special resolutions.

(1) A resolution shall be an ordinary resolution when at a general meeting of which the notice required under this Act has been duly given, the votes cast (whether on a show of hands, or on a poll, as the case may be,) in favor of resolution (including the casting vote, if any, of the chairman) by members who, being entitled so to do, vote in person, or where proxies are allowed, by proxy, exceed the votes, if any, cast against the resolution by members so entitled and voting.

(2) A resolution shall be a special resolution when

(a) the intention to propose the resolution as a special resolution has been duly specified in the notice calling the general meeting or other intimation given to the members of the resolution ;

(b) the notice required under this Act has been duly given of the general meeting ; and

(c) the votes cast in favor of the resolution (whether on a show of hands, or on a poll, as the case may be) by members who, being entitled so to do, vote in person, or where proxies are allowed, by proxy, are not less than three times the number of the votes, if any, cast against the resolution by members so entitled and voting.

CA Manish (Job) (5264 Points)
Replied 12 December 2012

Originally posted by : Suryakant Dubey
	Ordinary resolution is passed in general meeting for conduct of ordinary business such as 1) Adoption of Annual accounts 2) Declaration of dividend 3 )Appointment of auditor/Director Other than those decisions are approved by special resolution...