SAI Shradha Technology Ltd. called its 51st Annual General Meeting on 8th August, 2017. Total Members of the Company were 213. The Shareholders present in the Annual General Meeting were 7 out of which 4 were proxies. Th

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · June 2018
SAI Shradha Technology Ltd. called its 51st Annual General Meeting on 8th August, 2017. Total Members of the Company were 213. The Shareholders present in the Annual General Meeting were 7 out of which 4 were proxies. The Chairman adjourned the Meeting wants of quorum. All shareholders present objected the decision of the Chairman. As a Company Secretary, list out the checklist for adjournment of meeting as per Secretarial Standard 2.

Answer & Explanation:

As per section 103 of the Companies Act, 2013, the quorum of the general meeting of a public company shall be 5 members personally present if the numbers of the members are less than 1000. As the number of members present personally (excluding proxies) is less than 5, the meeting shall be adjourned. Checklist for Adjournment of Meetings as per para 15 of the Secretarial Standards -2 If a Meeting, other than a requisitioned Meeting, stands adjourned for want of Quorum, the adjourned Meeting shall be held on the same day, in the next week at the same time and place or on such other day, not being a National Holiday, or at such other time and place as may be determined by the Board. If a Meeting is adjourned for want of a Quorum to the same day on the next week, at the same time and place or with a change of day, time or place, the company shall give not less than three days' Notice specifying the day, date, time and venue of the Meeting, to the Members either individually or by publishing an advertisement in a vernacular newspaper in the principal vernacular language of the district in which the registered office of the company is situated, and in an English newspaper in English language, both having a wide circulation in that district. If, at an adjourned Meeting, Quorum is not present within half an hour from the time appointed, the Members present, being not less than two in number, will constitute the Quorum. In the given case, since the meeting is being adjourned want of quorum, the above procedure to be followed and since the same day in the next week happens to be National holiday, (15th August 2017), the meeting gets adjourned to 16th August 2018. The Company has to comply with the notice requirement as provided in point 2 above.

Topics: Meetings

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