Immaterial quorum

Hi i am a student in ipcc this year had this question of company law that In case of immaterial quorum will the meeting will still be held ?
Replies (1)

As per Sec 103(2) of the Companies Act, 2013 in the case of general meetings, if the quorum is not present within half an hour from the time appointed for holding a meeting of the company-

(a) the meeting shall stand adjourned to the same day in the next week at the same time and place, or to such other date and such other time and place as the Board may determine; or

(b) the meeting, if called by requisitionists under Section 100, shall stand cancelled;

Also as per Sec 103(3) of the Companies Act, 2013 if at the adjourned meeting also, a quorum is not present within half an hour from the time appointed for holding meeting, the members present shall be the quorum.

As per Section 174(4) in the case of board meetings, where a meeting of the board could not be held for want of quorum, then, unless the articles of the company otherwise provide, the meeting shall automatically stand adjourned to the same day at the same time and place in the next week of if that day is a national holiday, till the next succeeding day, which is not a national holiday, at the same time and place.

 

 

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