Agm quorum

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Querist : Anonymous

Querist : Anonymous (Querist)

26 September 2013 A company having 2 members one is an individual who lives abroad and one body corporate..As per the law quorum required to convene AGM is 2..However how to convene a valid meeting if only corporate member can be present and the individual is not able to attend the meeting?

Ajay Mishra

Ajay Mishra (Expert)
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27 September 2013 Hi

You called meeting through proxies or authorizes representative of that company.

Such Individual will appoint proxy to attend meeting in India and company will appoint authorised representative to attend meeting on behalf of company.

Querist : Anonymous

Querist : Anonymous (Querist)

27 September 2013 The corporate member is the authorized representative of the Company, and if we appoint proxy for the individual will he be counted for the purpose of quorum?

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Ajay Mishra

Ajay Mishra (Expert)
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27 September 2013 Yes.

Corporate members of a company may by a resolution of its Board of directors authorize a person to attend a general meeting of the company in which it is a member. Such representative shall be deemed to be a member personally present and where necessary he can appoint a proxy to attend the meeting.

Querist : Anonymous

Querist : Anonymous (Querist)

27 September 2013 So authorized member present would be only one person what about the proxy for the individual living in abroad..Will one auth rep of company & proxy of individual living in abroad constitute valid quorum??

Ajay Mishra

Ajay Mishra (Expert)
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27 September 2013 Yes, they will constitute Meeting.

You also check what your articles says on it.

Querist : Anonymous

Querist : Anonymous (Querist)

27 September 2013 Can you please quote the section or any provision in the act stating the same?

Querist : Anonymous

Querist : Anonymous (Querist)

27 September 2013 Can you please quote the section or any provision in the act stating the same?

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Querist : Anonymous

Querist : Anonymous (Querist)

27 September 2013 My Article says atleast 2 members entitled to vote and present in person shall form the quorum for the General Meeting of the Company

Ajay Mishra

Ajay Mishra (Expert)
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27 September 2013 If your articles says that a person is entitled to vote will be count in quorum. So proxy is entitled to vote.

Section 176 of the Companies Act, 1956 provides that any member of company entitled to attend and vote at a meeting of the company shall be entitled to appoint any person (whether a member or not) as his proxy to attend and vote instead of himself.

Querist : Anonymous

Querist : Anonymous (Querist)

27 September 2013 But it also says present in person would that not be an issue??