Quorum for GM of Private Company under Companies Act, 1956

[Manupreet Batra]

Dear All,

As per Companies Act, 1956, The Quorum for General Meeting of  the private company has to be 2 members personally present. Is there any way we can avoid this provision?

If a Private company has only two directors and two members then they can't appoint proxy. Is it so?

 The articles of the Private Company can overrule the Section 171-186 (Section 170 of the Companies Act,1956)

But Sec. 174 says that unless the articles of the company provide for the larger Number, the quorum shall be two members personally present.

So Kindly let me know whether the quorum requirement of two members personally has to be complied???

What if the Company is wholly owned Subsidiary of Another Company.

Regards

Manupreet Singh

Company Secretary

[Manupreet Batra]

Kindly Reply

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[Jayashree Chandrasekaran]

The presence of 2 share holders in a General meeting of a private
company is mandatory...if it is a WOS then the holding company will
appoint its representative....
Jayashree

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[Manupreet Batra]

Thanks for the reply.

Both the members are out of India..Then what would be the solution?

Second Question : If there are two shareholders and both are Body Corporate then Both the Companies can appoint their authorized representative and whether it will be constituted as valid quorum or not.

Regards

Manupreet Singh

Regards

Manupreet SIngh

[Jayashree Chandrasekaran]

Representatives of body corporate is considered as attendance in
person and can be counted for quorum....if two share holders are body
corporates they can appoint thru a BR and it will be a valid quorum
If both the share holders are Non residents,the easiest way out is to
allot 1 share each to a resident in India and thereby fulfil the
quorum requirements

[Manupreet Batra]

Thanks for the reply.

As per Companies Act, 1956 the EGM can held any where in India so whether the EGM can be convened outside India as both the members are outside India?


Can you provide me the copy of the minutes of EGM in which both members present were representatives of the Body Corporate?

Regards

Manupreet Singh

[Jayashree Chandrasekaran]

yes as per CA 1956 EGM can be held anywhere
I will not be in a position to provide you copies of minutes

[Manupreet Batra]

Thanks . No issues for the Copy of minutes.

Can you let me know where it is written that EGM can be held outside India too. Any Circular or Notification of MCA?

Regards

Manupreet Singh