Company Meetings: Group - 9 Group Members
Company Meetings: Group - 9 Group Members
Group – 9
Group members
Roshan – 80
Sandeep – 85
Sr. sarita – 86
Yashir Abbas – 113
Sweta – 121
Content
What is company meetings
Kinds of companies meetings
Shareholder meetings
Directors meetings
Creditors and contributories meetings
Essentials of a Valid Company Meeting
Company Meeting
A Company meeting can be define as any gathering or
assembling of two or more persons in a particular
place to discuss some lawful business of common
concern and take discussion in the form of resolution
on the basis of opinion expressed by the members
present in the meeting.
Kinds of company meetings
There three types of company meetings :-
1. Shareholders meetings.
Statutory meetings.
Annual general meetings (AGM).
Extraordinary general meetings (EGM).
Class meetings.
2. Directors meetings.
Meeting of board of directors.
Meetings of committees.
3. Creditors and contributories meetings.
Debenture holder meetings.
Meeting of creditors otherwise then in winding up.
Meeting of the creditors in the case of winding up.
Shareholders Meetings(sec – 157) of
companies Act 1956
1. Statutory Meeting – The first meeting of shareholders which is held
just after the commencement of the business.
It commences any time after three months and before six months from
the date of entitlement to commence business.
The meeting shall approve a report called statutory report.
This report shall be approved to every member at least 21 days before
the meeting.
2. Annual general meeting (AMG) Sec 158
It is the second meeting. The first AMG of the company shall be held
within 18 months from the date of its incorporation and therefore at
least once in a calendar year.
Subsequent meeting shall be held within 9 months from the last
meeting whatever is earlier.
At least 21 days notice should be given to the member before the
annual general meeting.
AGM of the listed company is held in the town in which the registered
office is situated.
AMG is called on the order of director and not on the order of member.
3. Extraordinary general meeting –
All general meeting except statutory meeting and AMG meeting are
called extraordinary general meeting.
It is called by the director on their own motion on the request of
member representing not less than 1/10th of the voting power.
It is a meeting that is held during emergencies when the company
wants to take an emergency decision and cannot wait for AGM.
4. Class meeting (sec 160)
A meeting of a particular class of shareholders where by matter relating
to those class of shareholders needs to be discussed.
Director Meetings
Director meeting are basically a meeting that are open to the B.O.D to
the company. There are of two types :-
1. Meeting of BOD :- These meeting are often held to frame policies
and to review the functioning of the company.
2. Meeting of committees :- these are various committees in the
company like audit committee, remuneration committee, CSR
(Corporate social responsibility committee), etc. that needs to meet
regularly. These meeting are held as and when necessary and are
suppose to send a report of the meeting to the management.
Creditors and contributories meeting
These meetings are held to take decisions on matters affecting the
interest of the creditors or the contributories.
Creditors meetings are of following type :-
I. Debenture holder meetings.
II. Meeting of creditors otherwise then in winding up.
III. Meeting of the creditors in the case of winding up.
Essentials of a Valid Company Meeting
(provisions of the Companies Act)
As per provisions of the Indian Companies Act, a meeting should be held
validly. If there are any irregularities in the procedure followed for convening a
meeting, the proceedings of that meeting are NOT VALID and the decisions
taken therein will not be binding. Essentials of a valid meeting are:
1. It must be properly convened as per the provisions of the Companies ACT.
2. It should be Convened by proper AUTHORITY
3. Notice regarding the meeting should be sent to all the persons entitled to
receive notice.
4. The meeting should be properly constituted.
a) A quorum of members must be present at the commencement of the
meeting as per Companies Act.
b) The meeting should be presided over by the person duly elected as the
chairman of the co.,( if not deputy chairman or Authorised official)
5. There should be an AGENDA for the meeting.
6. Items discussed in the meeting should be according to the Order in the
Agenda.
Quorum : - quorum means minimum number of member
of a company as is fixed to be present to transact business is
a general meeting of the members in the absence of other
members.
In case of listed companies
Ten members personally present representing 25% of
voting power either on their own account or as proxies. Sec
160 (2) a of companies act 1956.
In case of other companies
Two members personally present representing 25% of total
voting power representing either on their own or through
proxies. Sec 160 (2) b of companies act 1956.
Conclusion
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