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late attended meeeting

12 December 2018

what if a person was not present at the start of the meeting, but finally attend the meeting (BM/gm) ? will he be counted in the quorum or will his vote be counted for the resolutions passed

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6 Replies

Anoopa H P (Member of ICAI CS Executive) (192 Points)
Replied 12 December 2018

If the requisite Quorum is not available at the start of a Board meeting, the meeting stands adjourned as provided in the Articles of Association of the company. If the articles are silent, then the meeting automatically stands adjourned to the same day, same time in the upcoming week

Umang Rathore (45 Points)
Replied 12 December 2018

I am asking that the requisite quorum was present on rime but a person was late not the quorum will he be permitted to vote

Anoopa H P (Member of ICAI CS Executive) (192 Points)
Replied 12 December 2018

1.From the commencement of the meeting until the conclusion of such meeting, no person other than the Chairperson, directors, Secretary and any other person whose presence is required by the Board shall be allowed access to the place where any director is attending the meeting either physically or through video conferencing without the permission of the board.
2.At the end of discussion on each agenda item, the
Chairperson of the meeting shall announce the summary
of the decision taken on such item along with names of
the directors, if any, dissented from the decision taken by
majority.
3.At the end of discussion on each agenda item, the
Chairperson of the meeting shall announce the summary
of the decision taken on such item along with names of
the directors, if any, dissented from the decision taken by
majority.

I think above points are helpful.

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Sudhir Todkar (CS Professional) (1021 Points)
Replied 12 December 2018

As per the relevant provisions of companies act 2013 and SS 1 & 2 Quorum should be present throughout the meeting.

Which means if any director or member present in the middle and not from beginning shall NOT be taken in to account for quorum.

Shivam RC (Student) (23683 Points)
Replied 13 December 2018

Agree with Sudhir Sir...

As per the Provision of Section 103(2) of the Companies Act 2013, " the quorum should be present within half-an-hour from the time appointed for holding a meeting of the company".

And as per the relevant Secretarial Standards, as said by Sudhir Sir, Quorum should be present throughout the meeting.

Hence, you will not be counted in Quorum..

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