Quorum for the Annual General Meeting
Section 103 of the Companies Act, 2013 states the provisions regarding the Quorum. Quorum means the minimum number of members to be present to constitute a valid meeting. Section 103 states that unless the articles of the company provide for a larger number requirement, the Quorum for the meeting shall be as mentioned:
1. For a Public Company
- If the total number of members is below 1000, there are 5 members required to be personally present to form a Quorum.
- If the total number of members is above 1000 but below 5000, there are 15 members required to be personally present to form a Quorum.
- If the total number of members is above 5000, there are 30 members required to be personally present to form a Quorum.
2. For a Private Company
- The number of members is not significant; however, at least two members must be present within half an hour of the commencement of the meeting.
Annual General Meeting: Meaning, Legal Requirements and Quorum
Annual General Meeting (AGM) is a yearly meeting of the company’s shareholders, stockholders, members, firms and organizations. Annual General Meeting (AGM) is held every financial year and it is mandatory for everyone to attend. A company is one of the most popular types of business arrangements in India and is widely selected by entrepreneurs and non-individual entities to run businesses and achieve their objectives. In India, the Companies Act, 2013 is the umbrella act regulating companies and all related compliances. The purpose of forming the Companies Act is to provide a legal framework for the formation of companies, covering the strata of incorporation, compliance, accountability, management, administration, etc.
Section 2(20) of the Companies Act, 2013 defines a company as a “Company incorporated under this act or any previous company law.”
Geeky Takeaways:
- A company is an artificial person created by law and has a separate legal entity, perpetual succession, a common seal, and limited liability.
- As members manage the affairs of the company, it is required that they all gather along with all the office bearers of the company and discuss performance, targets, upcoming action plans, etc.
- In the Annual General Meeting, functions like reviewing company accounts, approving audited accounts, elections, and financial records of the past year are discussed.
Table of Content
- Legal Requirement for Holding an Annual General Meeting
- Quorum for the Annual General Meeting
- Issues undertaken at the Annual General Meeting
- Conclusion
- Frequently Asked Questions (FAQs)
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