special resolution
Vijay Boliya (220 Points)
31 October 2018
Special resolution pass with majority 2/3 or 75% both are same?
5 Replies
Mayur Patil
(Article)
(1276 Points)
Replied 31 October 2018
In the act neither wrote 75% nor 2/3. As perSec 114(c) if company act 2013 for special resolution 3 time favorable votes required compare to non favorable votes from those members who attending the meeting and have right of vote in general meeting
E.g suppose 100 members attending the meeting and have right to votes but only 21 members given their votes from 5 votes are unfavorable and 16 are favorable then criteria will be satisfied. Special resolution can be approved.
E.g suppose 100 members attending the meeting and have right to votes but only 21 members given their votes from 5 votes are unfavorable and 16 are favorable then criteria will be satisfied. Special resolution can be approved.
Vijay Boliya
(220 Points)
Replied 01 November 2018
u right but literally meaning of 3 times fevorable is 75% (3/4). In section 248(2) wrote the 75% majority and in CA 1956 section 581 wrote the 2/3 majority. So it is not right to say there is no no wrote any 75%or 2/3 majority. Check out this 👍
Mayur Patil
(Article)
(1276 Points)
Replied 01 November 2018
I don't know about old CA act. And yes 3 times favorable means 3/4 & 75% so meaning will be same but i didn't found this in CA 2013
Mayur Patil
(Article)
(1276 Points)
Replied 01 November 2018
Yes you're right. There's 75% mentioned . Thanks for details
Recent Topics
- GST registration -notice
- GSTIN Suspended Form GST Reg 17
- Request for GST Clarification regarding ITC
- Is Capital Gain exemption available for Property a
- EPF CONTRIBUION BY EMPLOYER
- Letter of credit -seller procedure
- Filling form 26 QB
- RPT AND ITC ISSUE
- Tax Liability and ITC Summary related Issues
- REQUIRED FORMAT FOR AMENDMENT TO PARTNERSHIP DEED
Related Threads
CAclubindia
