In case of Pvt Companies minimum Quorum is 2 Members personallly present. One member is attending EGM via video conference and other is physically present, will these be considered as valid Quorum.
5 Replies
Sudhir Todkar
(CS Professional)
(1021 Points)
Replied 08 May 2017
All members should be physically present in the general metting in 30 minutes not through audio video conference. Minimum 2 members or such higher number as AOA prescribed​.
However the act is silent regarding member should present till the conclusion of the general meeting.
If such member is unable to attend under any circumstances he/she may appoint proxy however proxy will not for count Quorum.
However the act is silent regarding member should present till the conclusion of the general meeting.
If such member is unable to attend under any circumstances he/she may appoint proxy however proxy will not for count Quorum.
rahul mainani
(11 Points)
Replied 16 May 2017
physical quorum and in quorum proxies will not be counted and their are two exceptions to that 1. if a proxy is representing a company 2.proxy is representing governor
Sudhir Todkar
(CS Professional)
(1021 Points)
Replied 16 May 2017
Proxy of President/Prime Minister Ect.. Will also count in Quorum. And has same power and rights as a member of company.
Deepen
(Company Secretary)
(144 Points)
Replied 24 May 2018
Any reference case or section behind proxy not counted provisions??
Santhosh Ganesh
(AGM - Secretarial )
(136 Points)
Replied 24 May 2018
Reffer Section 103(1)(b) which states that for Pvt Cos. 2 members Personally present shall be the quorum
Since the words used is personally present the members has to be presonally present and it can't be by any other mode.
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