The Annual General Meeting (AGM) of Trimetal Bearings Limited, a listed company, was called on 31 st August, 2023 after issuing due notice. 120 members were personally present at the AGM. After the chairman declared the

CS Executive · Company Law · PYQS · December 2023
The Annual General Meeting (AGM) of Trimetal Bearings Limited, a listed company, was called on 31 st August, 2023 after issuing due notice. 120 members were personally present at the AGM. After the chairman declared the presence of quorum, a section of the members disrupted the proceedings demanding bonus shares and higher dividend. After waiting the half an hour, as the members continued to disrupt the proceedings, the chairman adjourned the AGM to 15 th September, 2023. Referring to the provisions of the Companies Act, 2013, state, whether the chairman of Annual General Meeting can adjourn the meeting suo motu ?

Answer & Explanation:

Para 15.1 of SS-2 provides that a duly convened general meeting shall not be adjourned unless the circumstances so warrant. The chairman may, at his discretion, adjourn the general meeting in the event of disorder or other like causes when it becomes impossible to conduct the general meeting and complete its business. Demand for more dividend and issue of frequent bonus shares is a common occurrence in the AGMs of many companies. However, the members hardly ever disrupt the proceedings of the General Meeting. In this case, even after half an hour, order is not restored, the chairman can adjourn the AGM. Thus, the action of chairman to adjourn the AGM suo motu is well within his powers and is in order.

Topics: General Meetings

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