Nember.t per.iwtally present in the case of a pry ate company (in subsidiary of a public company and deemed to be 43-A), andfire menikers per present in the case of a pub;
eornpaly for all general meetings of tlte members. The following fender pomts are to be noted as regards quorum of a general meetings:
' I. Tlte articles camnot provide for a smaller quonim than fixed by the Act but call provide for a larger number to constitute the
2. Only members present in person. and not proxjes, for pus poses of quonmZ
3. A person appointed as a representative of a company, which a member of the company, is deemed to be personally present for the purpose of
4. A nominee of the Presldent of India or the Governor of a State, where the latter holds shares in a company: shall be counted towards the number forming the quontm (Sec. 187A).
5. Joint holders of share are treated as one member for the purpose of quorum.
6. if the total number of members of a company is reduced below thelonum fixed by the Articles. the rule as toun nnay be deemed to be satisfied if all the members, though less than the quorum are present.
7. If busjness proposed to be transacted at a-general meeting does not include any item or resolution proposed to be passed, which directly affects the rights of the preferens e shareholders, their presence should not be taken into account for purpose of determining the quom but where the subject matter includes arty resolution in whidl the rights of preference shareholders are direcdy affected titeirpresence should be talcen into account for purpose of the quonmZ.
8. There is always a presumption as to the existence of the quonZm unless the records of the meeting show anything to the contrary.
The Act is silent on the point of time of presence' of the quonum at the meeting. Regulation 49(1) of Table A, however. states, 'No business shall be transacted at any general meeting unless a quorum of members is present at tile time w hell the meetitrg proceeds to business." It follows from these .vordmgs that quomi is required to be present at the begimning of meehug. It net d nm be present throughout or at the time of ta Z otes on any resolution. Similar ruling was given in Re. Ha be recalled that a quorum must be present tlrroughout m the case of Board's rueehng.
Regardung the procedureforobservit Section 174 states that unless th- articles provide othcr Zvise. the following provisions shall appl c tC every company public or private:
(a) It' within, half an hour from the titne announced for ho din- meeting of the cornpauty a quorum is
COMPANY MEETiNGS ! 233
4. Proper Per$on in the Chair. Tl.s fourth requisite for a valid rneetitng is that there must be a Chain Dan to preside over the proceedmgs of ffie meeting. In this regard Section 175 lays dowel
I Unless rite articles of a company otherwise provide, the members personally present at the meeting sltall elect one of ffiemsehes to be the chairman thereof on a show of hands.
2. If a Poll is demanded on tlte election of tile Chairman, it sltall be taken forthwith in accordance with the provisions of tlus Act the chairman elected on a show of hands exercising ail the powers of the chairman under the said provisions.
3. lit sonue other person is elected Chajrnta as a result of tile poll, he shall be the chairman for tlte rest of the meeting. :
11 may, Itowever, be noticed Ihat this Scction leaves the appointment of the chairr.tanto ho regulated by the articles oftheconipany and the provisions of thus Section shall apply only if the articles do not offien.n$e provide. The articles generally contain provisions on the lines of Table A Regulahons 50-52. These Regulatimls are reproduced below:
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