ICICI

section 103, quorum


Milan Patel   19 July 2019

Milan Patel

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At the beginning of the meeting if there is a minimum required quorum present, but after due to some circumstances the quorum decrease to the low level of minimum requirement. Then what meeting should be continued or adjourne?

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Anoop Bansal (student )     19 July 2019

Anoop Bansal
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I think the resolutions passed till the required quorum was present are valid and after that are not valid

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kapil gupta   19 July 2019

kapil gupta

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Hello Milan

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

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shiv dalwadi   20 July 2019

shiv dalwadi

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It is not specifically provided in the Act...How did you get it?

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kapil gupta   20 July 2019

kapil gupta

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hellp shiv

kindly check section 103 and Secretarial standards 2 .
All the 3 bullets have their souces from above
Thanks


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