Member of a company, after exercising his vote by remote e-voting on all the resolutions included in the Notice of the Annual General Meeting during the permitted e-voting period and after sending a proxy to attend the m
CS Professional · Advanced Company Law and Practice · PYQS · December 2017
Member of a company, after exercising his vote by remote e-voting on all the resolutions included in the Notice of the Annual General Meeting during the permitted e-voting period and after sending a proxy to attend the meeting, attends the meeting himself and demands to vote on the resolutions at the meeting. As Secretary of the company how will you handle that situation at the meeting ?
Answer & Explanation:
In terms of 2nd proviso to Rule 20(4)(vii) of Companies (Management and Administration) Rules, 2014 a member may participate in the general meeting even after exercising his right to vote through remote e-voting but shall not be allowed to vote again; In case, a member of a company, after exercising his vote by remote e-Voting on all the resolutions included in the notice of the AGM, during the permitted e-voting period and after sending a proxy to attend the meeting, he attends himself and demands to vote on the resolutions at the meeting, I will handle such a situation in the following manner. As Secretary of the company, I will request the chairman to inform the shareholder that if he has already exercised his voting right by remote e-voting, he will not be entitled to vote again in the AGM. E-Voting portal will not allow the shareholder to cast his vote again or change the votes casted by him already during the period when remote e-voting was permitted even though he may attend and participate in the meeting. So also, in case if it is required then I would request the Chairman of the company to indicate the note in the advertisement published in this regard which states that a Member may participate in the General Meeting even after exercising his right to vote through Remote e-voting but shall not be entitled to vote again which was mentioned in the said advertisement in accordance with paragraph 8.5.1 (g) (ii).
Topics: Meetings and Resolutions
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