Quorum for an agm

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CS KINJAL SANGANI (Querist)
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25 September 2012 Hi, For Public limited Company If AOA prescribes a 5 members for a quorum for an agm and there 8 directors out of which 1 MD, 2 are executive and other are independent , then minimum how many can attend AGM. Members in this case includes a directors or not or there presence is diffrent, what about their presence how many of them are required to attend , pleae reply.

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CS Pawan Kumar Baid

CS Pawan Kumar Baid (Expert)
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25 September 2012 If director is also member, then his presence is counted in member. 5 members (although they may be director member) are required to form the quorum.

If director is not member, he is not entitle to present at meeting unless notice is served to him.

CS Ankur Srivastava

CS Ankur Srivastava (Expert)
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25 September 2012 Partially agree with CS Pawan Kumar Baid ji.... Yes if the director is shareholder he shall be counted for quorum.

However, even if the director is not the shareholder, he will attend the General Meeting as director of the company.

CS KINJAL SANGANI

CS KINJAL SANGANI (Querist)
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26 September 2012 Then what about a director how many should be minimum present in above given case.

CS KINJAL SANGANI

CS KINJAL SANGANI (Querist)
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26 September 2012 Then how many directors should be present in above given case, please reply,

CS Ankur Srivastava

CS Ankur Srivastava (Expert)
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26 September 2012 In AGM every director should be present. however, it is not mandatory, only the chairman and the chairman of Audit Committee, if there is audit committee, is mandatory.

CS KINJAL SANGANI

CS KINJAL SANGANI (Querist)
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26 September 2012 Is this specify anywhere or there is any section for it, please specify.

CS Pawan Kumar Baid

CS Pawan Kumar Baid (Expert)
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26 September 2012 Ankur ji, I am sure that "unless" notice is given to director, he can't attend AGM if he is not shareholder. However, as regards, chairman of audit committee, i agree with you.

Regards

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