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section 103 quorum

19 July 2019

At the starting of GM , Quorum is present but at the half end of meeting Quorum is not present...Will this GM valid or nullity???

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4 Replies

ZAID OFFICIAL (51 Points)
Replied 19 July 2019

Yes,as per section 103 of the Companies Act, 2013 resolution(business) passed in presence of quorum is valid.But after due to some reason quroum is not there and the resolution(business) passed is null and void.

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CS Subrat Sahoo (Company Secretary) (22 Points)
Replied 19 July 2019

Quorum should be present through out the meeting to pass resolution. same should be recorded in minutes.

kapil gupta (217 Points)
Replied 19 July 2019

Hello shiv

You have asked a technical question.

As per sec 103 if quorum is not present within half an hour it is adjourned to next week.
And as per SS-2 quorum shall be present throughout the meeting.
Also if a duly convened meeting took place then chairman has power to adjourn such meeting with the consent of membes forming quorum present in meeting.

So answering to your question which asked the validitiy of meeting where quorum is not present in between is categorised in 2 situations.

1. When quorum left within half an hour resulting into automatic adjournment u/s103(2) of the Act.

2. When such members left after half an hour then in that case Chariman can ask them to stay at the meeting for a while and give their consent as to adjourn that meeting to next week and transact the unfinished business of that day as prescribed in SS-2.

Also, It is the primary job of CS to keep in check that whether quorum is not falling below the statuory requirement.

i've answered this question to the best of my knowledge. Hope it will satisfy your query.

Thanks