NOTES ON EFFECTIVE PROVISIONS OF COMPANIES ACT 2013


Page 37

QUORUM FOR MEETINGS [SECTION 103]

The quorum in case of a public company is –

(a)  Five members personally present if number of members are not more than one thousand;

(b) Fifteen members personally present if number of members are more than one thousand but not more than five thousand; and

(c)  Thirty members personally present if the number of members are more than five thousand.

The quorum in case of private limited company is two members personally present.

Where it is a meeting called by requisitionists and quorum is not present within half an hour of the time appointed, the meeting shall stand cancelled.

If the quorum is not present within half an hour of the time appointed for the meeting, the meeting shall stand adjourned to the same say in the next week at the same time and place or to such other date, time and place as the Board may determine.

In case of an adjourned meeting or of a change of day, time or place of meeting, the company shall give not less than three days notice to the members either individually or by publishing an advertisement in the newspapers (one in English and one in vernacular language) which is in circulation at the place where the registered office of the company is situated. Hence, it will add compliance cost in addition of cost of place and other arrangement for the meeting.

Thankfully, If at the adjourned meeting also, a quorum is not present within half-an-hour from the time appointed for holding meeting, the members present shall be the quorum.

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