Smriti Technologies Ltd. was incorporated before 9 years. It is being observed that the net worth is eroded by its accumulated losses as at 31-03-2017. However, in relation to general meeting of the company, examine the

CS Professional · Advanced Company Law and Practice · PYQS · December 2017
Smriti Technologies Ltd. was incorporated before 9 years. It is being observed that the net worth is eroded by its accumulated losses as at 31-03-2017. However, in relation to general meeting of the company, examine the powers of the Chairperson to adjourn the meeting suo moto. Referring to the provisions of the Companies Act, 2013, answer the following: (i) Whether a fresh notice is required to be given for adjourned meeting ?

Answer & Explanation:

A duly convened meeting should not be adjourned arbitrarily by the chairperson. The chairperson may adjourn a meeting with the consent of the members and should adjourn a meeting if so decided by the members. The chairperson, therefore cannot suo motu adjourn meeting. If a meeting is adjourned sine die or for a period of 30 days or more, a notice of the adjourned meeting should be given in accordance with the provisions of the Act. If a meeting is adjourned for a period of less than 30 days, the company should give not less than 3 day's notice specifying day, date, time and venue of the meeting, to the members either individually or by publishing an advertisement in the newspaper which is in circulation at the place where the registered office of the company is situated. (Proviso to section 103(2) of the Companies Act, 2013) If a meeting, other than a requisitioned meeting stands adjourned for want of Quorum, the adjourned meeting should be held on the same day, in the next week at the same time and place or on such other day and at such other time and place as may be decided by the Board. (i) Fresh notice, therefore, for the adjourned meeting is not required as the meeting is in continuance of the original scheduled meeting, in accordance with the above provisions. Such a notice is required only when the meeting is adjourned sine die or for 30 days or more for want of quorum or any other reason like the additional time required for the matters to be transacted at such meeting assuming that the Smriti Technologies Ltd. is an unlisted public company.

Topics: Meetings and Resolutions

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