Quorum of annual general meeting

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Mahesh Kakade (Querist)

19 June 2014 Please guide me on the following issue of quorum my company AGM.

My Company is Joint Venture. 51% shares held by Indian Co. & 49% shares held by Netherland Co.

Total 7 members of the Company 6 members from Indian Co. and 1 member from Netherland Co. is members of the Co.

We have mutually decided the AGM will be held in the month of July at April Board meeting.

Now in some reason my Chairman and other 2 members of the Indian Co. are not in India.

As Section 103 of CL 2013 (174 of CL 1956) quorum for Annual General Meeting is Five members physically present also the same mentioned in our AOA.

Now, can I take a proxy of any one member of Indian Co. in favor of any one director to fulfill condition of the AGM quorum? Is proxy holding member constituting valid quorum of the AGM.

Ankur Garg

Ankur Garg (Expert)

19 June 2014 Physical presence of 5 members is must to hold a valid General Meeting.

This provision also exists in CA 1956. Proxy will not be counted for the purpose of quorum.

Thanks

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