banner_ad

Whether presence of director be made necessity for quorum?

This query is : Resolved 
Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
07 August 2015 Can a shareholding agreement mention that for an AGM or EGM to be in quorum, the presence of a director is necessary?
Profile Image

Arpit Shah

Profile Image

Arpit Shah (Expert)
07 August 2015 https://taxguru.in/company-law/companies-act-2013-meetings-board-committees.html
Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
07 August 2015 the query is about general meetings not board meeting
Profile Image

Pratik Shah

Profile Image

Pratik Shah (Expert)
07 August 2015 The provisions of shareholders agreement can be effective only when such provisions are incorporated in AOA of the Company.

AS per my understanding, you can mention in AOA, that presence of director is necessary in EGM, provided he/she should be the members.

Quorum of GM counts the presence of members and not directors. Hence, he/she should be members cum director.

But as I mentioned, you need to incorporate such clause in AOA. Having this clause in Shareholding agreement can not mandate directors to be present.

Thanks
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now


CCI Pro
Join CAclubindia WhatsApp Finance Community & stay updated with the latest TAX news, compliance alerts and important updates all in one place!


Similar Resolved Queries


loading


Unanswered Queries


banner

Trending Online Classes

view all classess

CCI Pro
Meet our CAclubindia PRO Members
Subscribe Now

Follow us
add to google news



Answer Query



Quick Links



Browse by Category




Latest Job Openings

View all
Company
14 May 2026
Senior Associate

ABHISHEK SHANKAR AGARWAL & ASSOCIATES

Kolkata

CA

View Details
Company
ARTICLESHIP 27 May 2026
CA Article Trainee

Rahul Dang & Associates-Chartered Accountants

Pune

CA Inter

View Details
Company
27 May 2026
Audit Assitant

Virender K Gupta and Co

New Delhi

B.Com

View Details
Company
07 May 2026
CA Assistant

amit desai and co

Mumbai

CA Final

View Details
Company
29 May 2026
Finance Head

Bhawar Sales Corporation

Chennai

Graduate (Any)

View Details
Company
23 May 2026
Account Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
26 May 2026
CA / MBA (Finance) / CMA / M.Com (Finance)

Sri Aurobindo Gnostic Centre of Education

New Delhi

CA

View Details
Company
11 May 2026
AUDIT INTERN

M/S K.K.KHANNA AND COMPANY

Noida

CA Foundation

View Details