What is Circulation of members resolution? What is Representation of President and Governors in meetings? What is Representation of corporations at meeting of companies and of creditors. Section 111, 112 and 113 of Indian Companies Act 2013

Circulation of members' resolution, Representation of President and Governors in meetings and Representation of corporations at meeting of companies and of creditors are defined under Section 111, 112 and 113 of Indian Companies Act 2013. Provisions under these sections are:

Section 111 of Indian Companies Act 2013 "Circulation of members’ resolution"

(1) A company shall, on requisition in writing of such number of members, as required in section 100, -

(a) give notice to members of any resolution which may properly be moved and is intended to be moved at a meeting; and

(b) circulate to members any statement with respect to the matters referred to in proposed resolution or business to be dealt with at that meeting.

(2) A company shall not be bound under this section to give notice of any resolution or to circulate any statement unless -

(a) a copy of the requisition signed by the requisitionists (or two or more copies which, between them, contain the signatures of all the requisitionists) is deposited at the registered office of the company,

 

(i) in the case of a requisition requiring notice of a resolution, not less than six weeks before the meeting;

(ii) in the case of any other requisition, not less than two weeks before the meeting; and

(b) there is deposited or tendered with the requisition, a sum reasonably sufficient to meet the company’s expenses in giving effect thereto:

Provided that if, after a copy of a requisition requiring notice of a resolution has been deposited at the registered office of the company, an annual general meeting is called on a date within six weeks after the copy has been deposited, the copy, although not deposited within the time required by this sub-section, shall be deemed to have been properly deposited for the purposes thereof.

(3) The company shall not be bound to circulate any statement as required by clause (b) of sub-section (1), if on the application either of the company or of any other person who claims to be aggrieved, the Central Government, by order, declares that the rights conferred by this section are being abused to secure needless publicity for defamatory matter.

(4) An order made under sub-section (3) may also direct that the cost incurred by the company by virtue of this section shall be paid to the company by the requisitionists, notwithstanding that they are not parties to the application.

(5) If any default is made in complying with the provisions of this section, the company and every officer of the company who is in default shall be liable to a penalty of twenty-five thousand rupees.

Section 112 of Indian Companies Act 2013 "Representation of President and Governors in meetings"

(1) The President of India or the Governor of a State, if he is a member of a company, may appoint such person as he thinks fit to act as his representative at any meeting of the company or at any meeting of any class of members of the company.

(2) A person appointed to act under sub-section (1) shall, for the purposes of this Act, be deemed to be a member of such a company and shall be entitled to exercise the same rights and powers, including the right to vote by proxy and postal ballot, as the President or, as the case may be, the Governor could exercise as a member of the company.

Section 113 of Indian Companies Act 2013 "Representation of corporations at meeting of companies and of creditors"

(1) A body corporate, whether a company within the meaning of this Act or not, may,-

(a) if it is a member of a company within the meaning of this Act, by resolution of its Board of Directors or other governing body, authorise such person as it thinks fit to act as its representative at any meeting of the company, or at any meeting of any class of members of the company;

(b) if it is a creditor, including a holder of debentures, of a company within the meaning of this Act, by resolution of its directors or other governing body, authorise such person as it thinks fit to act as its representative at any meeting of any creditors of the company held in pursuance of this Act or of any rules made thereunder, or in pursuance of the provisions contained in any debenture or trust deed, as the case may be.

(2) A person authorised by resolution under sub-section (1) shall be entitled to exercise the same rights and powers, including the right to vote by proxy and by postal ballot, on behalf of the body corporate which he represents as that body could exercise if it were an individual member, creditor or holder of debentures of the company.

What is Notice of meeting? What are the Statement to be annexed to notice? What is Quorum for meetings? Section 101, 102 and 103 of Indian Companies Act 2013

Who will be the Chairman of meetings? What is Proxies? What are the Restriction on voting rights? Section 104, 105 and 106 of Indian Companies Act 2013

Voting by show of hands, Voting through electronic means, Demand for poll, Postal ballot. Section 107, 108,109 and 110 of Indian Companies Act 2013

What is Circulation of members resolution? What is Representation of President and Governors in meetings? What is Representation of corporations at meeting of companies and of creditors. Section 111, 112 and 113 of Indian Companies Act 2013

What are Ordinary and special resolutions? What are Resolutions requiring special notice? What are Resolutions passed at adjourned meeting? What are the Resolutions and agreements to be filed?. Section 114, 115, 116 and 116 of Indian Companies Act 2013

Minutes of proceedings of general meeting, meeting of Board of Directors and other meeting and resolutions passed by postal ballot? Section 118 of Indian Companies Act 2013

What is Inspection of minute-books of general meeting? What is Maintenance and inspection of documents in electronic form? Section 119 and 120 of Indian Companies Act 2013

 

Home     About Us     Privacy Policy     Disclaimer    Contact Us  Sitemap