Difference between special resolution and ordinary resolutio

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rajni (Querist)

06 July 2013 sir, 1) what was the difference between special resolution and ordinary resolution under special business?
2) what type of resolution shall be passed regarding increase in remuneration of whole time director.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)

06 July 2013 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 favour of the 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 favour 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.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)

06 July 2013 https://www.caclubindia.com/share_files/resolutions-under-companies-act-1956-40265.asp

Check out from above link for more details about the types of resolutions.

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