Mr. M, a member, appointed Mr. P as his proxy for the annual general meeting of a company in the form as set out in Form No. MGT-11. The company did not permit Mr. P to attend the meeting on the ground that the special r
CS Professional · Advanced Company Law and Practice · PYQS · June 2021
Mr. M, a member, appointed Mr. P as his proxy for the annual general meeting of a company in the form as set out in Form No. MGT-11. The company did not permit Mr. P to attend the meeting on the ground that the special requirement for the instrument in the articles have not been fulfilled. Advise on the matter.
Answer & Explanation:
In view of the express provisions of Section 105(7) of the Companies Act, 2013, which provides that an instrument appointing a proxy, in the prescribed Form MGT-11, shall not be questioned on the ground that it fails to comply with any special requirements specified for such instrument by the articles of a company. Therefore, company's stand in not permitting P to attend the meeting on the ground that the special requirement for the instrument in the articles have not been fulfilled is not correct.
Topics: General Meetings
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