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special resolution

Vijay Boliya (220 Points)

31 October 2018

Special resolution pass with majority 2/3 or 75% both are same?

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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.

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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 👍