Quorum

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

26 September 2012 Hi friends,

I have a query regarding quorum

Four persons, who are members of the company are present in a general meeting.out of the four members. One of them is also a representative of a company. Whether his presence can counted for a quorum???

I know he will be equal to 2 Members. I want a proper justification for my reply.in Act or Ramaiya Commentary or anything valid proof.

IT IS URGENT. I expect your anticipated reply

Regards,
Vidhya

CS Pawan Kumar Baid

CS Pawan Kumar Baid (Expert)
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26 September 2012 Sec 174(1) Unless the articles of the company provide for a larger number, five members personally present in the case of public company (other than a public company which has become such by virtue of section 43A), and two members personally present in the case of any other company,shall be the quorum for a meeting of the company.

It seems that in public company there should be 5 members "personally" present, is called quorum. Here personally may be interpreted to mean physically, hence a company can't be present "personally". Hence in above case, quorum is not present