Clarification of sec.190 of the companies act,1956

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Partha Pratim Sahoo (Querist)

04 January 2014 As per sec.190 of the companies act,1956 there are some matters for which a special notice is required to be given for the resolution to be taken in the meeting. But my query is that what kind of resolution will be that? Ordinary or special? What % of total votes casted is required as votes in favour in this resolution? I'm very confused and wasting much time by thinking over it.. Please help.

Ankur Garg

Ankur Garg (Expert)

04 January 2014 As per my exp this term special notice is nothing but just a term as there is nothing in Act regarding procedure of special notice.

Further passing of resolution as special or ordinary is dependent on nature of resolution.

Just let me know the agenda/resolution to be passed and I will let you know the requirement of SR or OR u/s 189.

Regards

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Partha Pratim Sahoo

Partha Pratim Sahoo (Querist)

05 January 2014 Sir, actually it is given in ICSI study material that there are 3 kinds of resolution- OR, SR and this one. But while going through the resolution requiring special notice, I did not find any speciality of the resolution to treat it as a kind of resolution.. It is all about the notice. So, by taking an example of agenda, say, 'Removal of a director before expiry of his term and appointment of a new director in this place' what will be your view in this regard? I also want to know in this regard, the reason or speciality of this resolution to treat it as a separate kind. Sir, please reply.

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