Study the following case/situation and express your opinion.
1) XYZ Ltd co. sent notice of its Annual General meeting to its members. In the meeting a
resolution is to be passed on altering the Articles of Association.
a) Should agenda also be sent with Notice?
b) What type of resolution is needed to alter the Articles?
c) Should the resolution for altering articles be filed with registrar of companies?
a) Agenda should also be sent with notice to the members.
b) Special resolution is needed to alter the Articles of the company (Section 14).
c) The Copy of resolution for alteration of Articles of Association must be filed with the Registrar of Companies through e-tiling within E 30 days of passing resolution.
2) A General meeting of public limited company is to be held. State the provision of quorum
a) meeting of the company which has less than 1000 members
b) meeting of the company which has more than 5000 members
c) meeting of the company which has 2500 members
a) A quorum of 5 members is required for a meeting of the company which has less than 1000 members.
b) A quorum of 30 members is required for a meeting of the company which has more than 5000 members.
c) A quorum of 15 members is required for a meeting of the company which has 2500 members.
3) Mr. P is elected as chairman of General Meeting. Please advise him on the following
a) What should be done if the votes cast in favour and against the motion are equal?
b) How many votes can a member cast under poll method?
c) What should Mr. P do if any point of order is raised by a member?
a) If votes cast in favour and against the motion are equal, Mr. P, a Chairman of General Meeting should cast one additional vote either in favour of the motion or against the motion.
b) Under poll method of voting a member can vote in proportion to the number of shares held by him, e.g. if 10 shares are held by a member. he can cast 10 votes.
c) If any point of order is raised by a member. Mr. P has to decide whether the point of order is correct or not. If he accepts it, the irregularity. is to be rectified and if he does not agree to the point of order, the business of the meeting is to be continued as before. Before giving the ruling Mr. P can consult an expert or an experienced person in the meeting. Mr. P’s ruling is final and binding on the members.