Section 189

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

17 January 2012 We want to pass a special resolution by show of hand in private limited company One member hold 99% shares and remaining 4 shareholder hold 1% . At the EGM , only 4 members who hold 1% shares were presented at the EGM and pass special resolution at unanimously. Is the special resolution is valid under section 189? or what will be the effect, if the same resolution pass by same through poll method at same situation?

Jiten Gupta

Jiten Gupta (Expert)
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17 January 2012 As per section 189

The votes cast in favour of the resolution (whether on a show of hands or on a poll, as the case may be,) by members who, being entitled so to do, vote in person, or where proxies are allowed, by proxy, are not less than three times the number of the votes, if any, cast against the resolution by members so entitled and voting.

So you are O.k. here and can do so by any of the Two Way mentioned above.