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when quorum is not present?

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(Querist)
07 August 2009 when quorum is not present in d adjourned meeting within 1/2 hours,then as per provision all persons present will b counted for d purpose of quorum.

query- whether d proxies of person other than that of a body corporate or president or governor will b counted counted for d purpose of quorum?
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Ankur Garg

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Ankur Garg (Expert)
08 August 2009 No. You can not count proxies as quorum.

REASON:

If you go by the language of section 174(1) it says

5 members personally present in case of a public company and 2 members personally present in case of a private company shall be the quorum for the meeting.


Here the word personally present signifies actual member of the company and not proxy.

Revert if there is any doubt.

Best Regards
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CS Mukesh Arora

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CS Mukesh Arora (Expert)
08 August 2009 Agrees with Ankur

Regards
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