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Answer Upon - Quorum - The Rationale Behind It
Manufactured homes or mobile homes are houses that are manufactured on assembly lines and easily shipped complete to the site of the new owner’s home. While manufactured homes have come a long way from what they used to be, there are still some points you have to cover to ensure that you are indeed getting a quality manufactured home for the price you are paying.Don’t Hesitate to InspectSome people don’t like to be called nit-pickers, but going through the manufactured home you are planning to purchase does require a little bit of it. You need to look through the entire house for flaws and questionable parts and fixtures that may need repair or replacement. Remember that the house was essentially assembled on an assembly line and while these manufacturing lines do have certain standards and quality codes to follow, there can always be one or two flaws that can remain overlooked unless scrutinized.Some of the things you have to look out for to see if the manufacturer of your prefab home is quality conscious includes the smaller things like the cabinet doors, shelves, window frames, sidings, and door frames. If these areas of your prefab house aren’t installed straight or have some questionable looking seams, then you should point this out to the dealer. If the person you are dealing with addresses these concerns with repairs and replacements, then you are in relatively safe waters. Also, don’t forget to check underneath for the kind of support the house is built on. These are usually steel I-beams that offer some stability to the house’s structure.Ask QuestionsYou are buying a house, and buying costs money. Asking questions before laying your hard-earned cash down on the dealer’s table can help get you the kind of manufactured home you wish to buy in the quality you should be getting it at. Questions about the house’s installations and construction can help you determine whether they will do a good job on it.Some of the important points you should bring up with your manufactured house dealer would be:• How the home will be set up. Knowing the basic procedure for the home’s site construction can help you understand whether or not your home will be secure enough. • Ask to see a blocking print for your home. This will help you determine whether or not the company you are dealing with is professional enough to do things by the book. If you are told that there are no blocking prints for your house’s layout, be warned.
4) In any other case, the meeting shall stand adjourned to the same day in the next week, at the same time and place, or to such other day and at such other time and place as the Board may determine.
5) If at the adjourned meeting also, a quorum is not present within half an hour from the time appointed for holding the meeting, the members present shall be a quorum. The provision contained in this clause may be overridden by the articles. This clause seeks to remove a practical difficulty in respect of section 43 A public companies where there may be less than 5 members. It is therefore, proposed to modify section 174 and provide for 2 members to a form a quorum.
Some companies may provide the definition and meaning of quorum in their articles.
3. Necessity for Quorum Quorum for a public company
The Quorum for a public company the quorum is 5 members personally in attendance at the meeting. No proxy is counted in forming the quorum. On the language of the section 174 it appears that these 5 members may be entitled to vote on all resolutions or only in respect of one re
Are we Really in an Economic Recession?Some US statistics seem to indicate we are heading into one. If we are heading in that direction, what should we online marketers do about it?Should we panic and give up our web sites, or just accept that we will get less business, and let it go at that. Doesn't sound like either plan is too brilliant.If you are online in the Internet Marketing arena, perhaps their is an opportunity here. How about selling products on how to survive, and even expand your business despite the recession. This is a typical survival strategy and could be a big seller.During the course of a year, there are periods that are slow. So, think a moment, what do we do at that time to get business?We get creative and come up with plans to deal with the situation!For example, in December for the last 2 years, we have seen a plethora of free giveaway programs. The purpose they serve is this. If you contribute a product to be given away, then you can gather the email addresses of hundreds or even thousands who want to download your bonus gift. A good way to expand your business in good times or bad.The latest creation we have seen in the last few months, is the 'Firesale'phenomon. This is simply an excuse to bring in lots of money by creating a package of goods at discounts of up to 80%. Does it work? Well sure it does!If you are selling $2,000 to $4,000 worth of product for $37 to $47 people see the value and jump on your offer. Ca-Ching goes the cash register.Something that might happen if we do get into a real recession is that these vastly overpriced $1,000 products will come down to prices more affordable, thus benefiting more people. Not sure about that one, let me tell you.If you belong to a few newsletters today, then you are surely being bombast-ed by new products every week, and great offers every day. Instead of just doing a quick delete, why not study the proposal, and learn from it how to be creative.Marketers today ARE being creative. To get anywhere close to successful, you must do the same thing. Otherwise you will continue to make 3 or 4 sales a month and earn a pittance, along with 95% of all other online marketers.Niche Markets is the ultimate solutionThe trend today is to get away from good old fashioned Internet Marketing, and develop Niche markets. The most recession proof answer to the question of surviving a recession is to have several
In a Democratic State, all people are equal before law and given equal protection of all laws of the land. It is said that two people are better than one. In other words, it means two or more views or opinions are of better understanding over the subject matter in issue or question and the decision or solutions forwarded or made will focus on the better side or darker side of the subject or object. If there is burning issue and which involves welfare of the people or institution or the minority then only one person cannot decide over the matter because it requires more brains and guts decide. A single individual cannot think in many and different ways, what many people collectively can do. So there is need for more brains to discuss over the issue and come to a reasonable resolution. It is the majority opinion shall prevail.
To decide over a matter there must be some minimum number of persons. This is called quorum. There must be a number which can be divided as majority and minority by their opinions and stance. This minimum number is called quorum. For instance, if there are fifteen members in an association, if the prescribed quorum is fixed to five members for a meeting. It means that to commence a meeting there must be minimum five members. These five members can be divided in 3:2. Three is the majority opinion and two is the minority opinion. And the decision taken in the meeting which had quorum is valid and binding on the other members of the association. If the decision is passed without a quorum then it is null and void. So the concept quorum is must for every association, assembly, meetings and others where people assemble to decide over a matter with an interest in mind to reach over a reasonable resolution. The law also recognizes the quorum. Without a quorum a meeting, assembly does not commence to transact its business. So quorum is must and inevitable.
The Constitution of India prescribes 1/10th quorum for both houses of the Parliament to decide over its matters. As similar to this the Indian Companies Act prescribes a quorum for the company’s meeting to decide over its matters.
2. Meaning of Quorum
The word quorum is the Latin term which means “of whom”. The word quorum denotes the number of members of any body of persons. Whose presence is requisite in order that business may be validly transacted by the body, and that its act may be legal.
The term is derived from the wording of the commission appointing justices of peace, which runs “we have assigned you, and every two or more of you, and every two or more of you [of Whom (quorum) anyone of you shall be one] our justice to inquire the truth more” whence the justices so named were usually called justices of the quorum .
Quorum means the number (as a majority) of officers or members of a body that when duly assembled is legally competent to transact business. In other words, quorum means existence of a body of persons of whom a certain specified number are competent to transact the business as a whole.
According to Oxford Dictionary, the term quorum means, number of members that must be present to constitute a valid meeting.
According to Stroud’s Judicial Dictionary, “where a quorum of directors or shareholders is prescribed that means, imperatively, that no business shall be transacted unless the prescribed number, at least present”.
Wharton’s Law Lexicon says, quorum means, “the number of members of an administrative or judicial body whose presence is necessary for the acts of the body to be valid”.
Quorum is a Latin term which means ‘minimum number of members who must be present at a meeting as required by law or rule’. The main purpose of having quorum is to avoid decisions being taken at a meeting by a small minority which may be found to be unacceptable to the vast majority members .
In Punjab University v. Vijay Singh Lamba , Justice Chandrachud observed as “quorum is the minimum number of members of any body of persons whose presence is necessary in order to enable that body to transact its business validly so that its acts may be lawful…..”
Quorum is the minimum number of members, on whose attendance any validly called meeting can commence its deliberations. It must be noted that such a number of effective members, i.e. members qualified to take part in and to decide upon the questions brought before the meeting, constitute a quorum.
The term quorum is not specifically defined under the Indian Companies Act, 1956. But the term is referred in section 174 of Act.
Section 174 of the Companies Act speaks of quorum for a meeting -----
1) Unless the articles of the company provide for a larger number, five members personally present in the case of public company other that a public which has become such by virtue of section 43 A and two members personally present in the case of any other company shall be the quorum for a meeting of the company.
2) Unless the articles of the company otherwise provide, the provisions of the sub-sections (3), (4) and (5) shall apply with respect to the meetings of a public or private company.
3) If within half an hour from the time appointed for holding a meeting of the company, a quorum is not present, the meeting, if called upon the requisition of members, shall stand dissolved.
4) In any other case, the meeting shall stand adjourned to the same day in the next week, at the same time and place, or to such other day and at such other time and place as the Board may determine.
5) If at the adjourned meeting also, a quorum is not present within half an hour from the time appointed for holding the meeting, the members present shall be a quorum.
The provision contained in this clause may be overridden by the articles. This clause seeks to remove a practical difficulty in respect of section 43 A public companies where there may be less than 5 members. It is therefore, proposed to modify section 174 and provide for 2 members to a form a quorum.
Some companies may provide the definition and meaning of quorum in their articles.
3. Necessity for Quorum Quorum for a public company
The Quorum for a public company the quorum is 5 members personally in attendance at the meeting. No proxy is counted in forming the quorum. On the language of the section 174 it appears that these 5 members may be entitled to vote on all resolutions or only in respect of one res
If there is one thing that worries an individual who want to pursue a teaching career is that their cover letter must sound very good and their writing skills must be perfect. Of course you need to write well but it doesn’t have to be perfect.Sometimes when we try to write perfectly we tend to put our writing sound odd by using words unknown by most people or we use a style of writing that was used by ancient people.Do not worry too much about having to write a cover letter just because you are applying for a teaching position because if you can write any cover letter then you can write this one. This is just a cover letter it is no different than any other cover letter with any other job application.Remember that your focus here is to get that teaching job. Make that your goal and inspiration in writing the cover letter.Start by knowing whom you are going to address the letter to. Make sure you have their full name, status (Mr./Mrs./Ms/PhD), address and position in the company you are applying to. This is a sign of respect this is a plus point for you.Be specific. Show them that you are eager to work for that specific school and that their acceptance is the most important thing in the world for you. Write their school name so it sounds more personalized.If you will be applying in several schools at the same time and want to use a generic cover letter just change the school name in you letter. It is still best if you mention the school.Do not write like you are trying to show them your lesson plan or that you sound like a professional teacher. Cover letters with a heart gets more YES than those that write like a teacher. If you know of anything interesting in that school include it in your letter. Let them know that you like to work from them. Show them gusto.After all that emotion of course you need to check the technical part too. Look at your grammar, punctuations and sentence patterns.Be different. Be creative. Use a different font, use a good paper (don’t be too acquainted with scented paper it doesn’t really show much professionalism) and try a different writing style. Creativity is one major trait that is needed for someone to be a good teacher.Originality still tops the list in cover letter writing. Available cover letter in the internet is not really much help because it is too generalized and shows no heart. And by any chance the reader of the letter just might have seen it
The Constitution of India prescribes 1/10th quorum for both houses of the Parliament to decide over its matters. As similar to this the Indian Companies Act prescribes a quorum for the company’s meeting to decide over its matters.
2. Meaning of Quorum
The word quorum is the Latin term which means “of whom”. The word quorum denotes the number of members of any body of persons. Whose presence is requisite in order that business may be validly transacted by the body, and that its act may be legal.
The term is derived from the wording of the commission appointing justices of peace, which runs “we have assigned you, and every two or more of you, and every two or more of you [of Whom (quorum) anyone of you shall be one] our justice to inquire the truth more” whence the justices so named were usually called justices of the quorum .
Quorum means the number (as a majority) of officers or members of a body that when duly assembled is legally competent to transact business. In other words, quorum means existence of a body of persons of whom a certain specified number are competent to transact the business as a whole.
According to Oxford Dictionary, the term quorum means, number of members that must be present to constitute a valid meeting.
According to Stroud’s Judicial Dictionary, “where a quorum of directors or shareholders is prescribed that means, imperatively, that no business shall be transacted unless the prescribed number, at least present”.
Wharton’s Law Lexicon says, quorum means, “the number of members of an administrative or judicial body whose presence is necessary for the acts of the body to be valid”.
Quorum is a Latin term which means ‘minimum number of members who must be present at a meeting as required by law or rule’. The main purpose of having quorum is to avoid decisions being taken at a meeting by a small minority which may be found to be unacceptable to the vast majority members .
In Punjab University v. Vijay Singh Lamba , Justice Chandrachud observed as “quorum is the minimum number of members of any body of persons whose presence is necessary in order to enable that body to transact its business validly so that its acts may be lawful…..”
Quorum is the minimum number of members, on whose attendance any validly called meeting can commence its deliberations. It must be noted that such a number of effective members, i.e. members qualified to take part in and to decide upon the questions brought before the meeting, constitute a quorum.
The term quorum is not specifically defined under the Indian Companies Act, 1956. But the term is referred in section 174 of Act.
Section 174 of the Companies Act speaks of quorum for a meeting -----
1) Unless the articles of the company provide for a larger number, five members personally present in the case of public company other that a public which has become such by virtue of section 43 A and two members personally present in the case of any other company shall be the quorum for a meeting of the company.
2) Unless the articles of the company otherwise provide, the provisions of the sub-sections (3), (4) and (5) shall apply with respect to the meetings of a public or private company.
3) If within half an hour from the time appointed for holding a meeting of the company, a quorum is not present, the meeting, if called upon the requisition of members, shall stand dissolved.
4) In any other case, the meeting shall stand adjourned to the same day in the next week, at the same time and place, or to such other day and at such other time and place as the Board may determine.
5) If at the adjourned meeting also, a quorum is not present within half an hour from the time appointed for holding the meeting, the members present shall be a quorum.
The provision contained in this clause may be overridden by the articles. This clause seeks to remove a practical difficulty in respect of section 43 A public companies where there may be less than 5 members. It is therefore, proposed to modify section 174 and provide for 2 members to a form a quorum.
Some companies may provide the definition and meaning of quorum in their articles.
3. Necessity for Quorum Quorum for a public company
The Quorum for a public company the quorum is 5 members personally in attendance at the meeting. No proxy is counted in forming the quorum. On the language of the section 174 it appears that these 5 members may be entitled to vote on all resolutions or only in respect of one re
CAD just stands for computer-aided design. This technology has changed the way a lot of people complete their work. CAD has helped a wide variety of professionals see new ideas and create new ideas all with a computer program. The need for people who can use these CAD software programs has increased greatly over the years. It is less expensive to look at a variety of ideas on a computer than with most other methods. With a CAD software program you can create nearly anything you want, such as blueprints for a building, designs for furniture, even lay out road markings, and so much more.Here are some professionals who use CAD software programs or hire someone who does – Builders Architects Engineers Plumbers Landscape Architects Fashion Designers Interior Designers Carpenters And More If you could learn how to use a CAD software program you would be a great asset to nearly any design or building business! You could become a CAD designer earning $25 per hour or more depending on your skill levels and your clients.Begin your CAD designer business by downloading some free trial CAD software and teaching yourself how to use a variety of them. Some clients will prefer one CAD software program over others, so you should learn the most popular ones, or create an expertise in just one particular CAD software program. This learning process should take a few weeks so you can learn how to design and develop computer generated designs, blueprints, and more.Your main expense will be in purchasing the proper CAD software program and then you can start to market your services to a variety of businesses. You can sign up for freelance websites and bid on projects for those who need CAD designers. You should get some business cards, set up some flyers in your local area, send out direct mail to your area, and set up a website for your business.With your website you can create some designs just for show, because potential clients will want to see what you can do. Organize your designs on your website, offer some interesting information and resources for CAD designing, make it easy for potential clients to contact you via email, phone, fax, etc. You could do CAD designing in your spare time to get extra money or create a serious small business for yourself, the demand is there – you just need to supply the service!
Quorum means the number (as a majority) of officers or members of a body that when duly assembled is legally competent to transact business. In other words, quorum means existence of a body of persons of whom a certain specified number are competent to transact the business as a whole.
According to Oxford Dictionary, the term quorum means, number of members that must be present to constitute a valid meeting.
According to Stroud’s Judicial Dictionary, “where a quorum of directors or shareholders is prescribed that means, imperatively, that no business shall be transacted unless the prescribed number, at least present”.
Wharton’s Law Lexicon says, quorum means, “the number of members of an administrative or judicial body whose presence is necessary for the acts of the body to be valid”.
Quorum is a Latin term which means ‘minimum number of members who must be present at a meeting as required by law or rule’. The main purpose of having quorum is to avoid decisions being taken at a meeting by a small minority which may be found to be unacceptable to the vast majority members .
In Punjab University v. Vijay Singh Lamba , Justice Chandrachud observed as “quorum is the minimum number of members of any body of persons whose presence is necessary in order to enable that body to transact its business validly so that its acts may be lawful…..”
Quorum is the minimum number of members, on whose attendance any validly called meeting can commence its deliberations. It must be noted that such a number of effective members, i.e. members qualified to take part in and to decide upon the questions brought before the meeting, constitute a quorum.
The term quorum is not specifically defined under the Indian Companies Act, 1956. But the term is referred in section 174 of Act.
Section 174 of the Companies Act speaks of quorum for a meeting -----
1) Unless the articles of the company provide for a larger number, five members personally present in the case of public company other that a public which has become such by virtue of section 43 A and two members personally present in the case of any other company shall be the quorum for a meeting of the company.
2) Unless the articles of the company otherwise provide, the provisions of the sub-sections (3), (4) and (5) shall apply with respect to the meetings of a public or private company.
3) If within half an hour from the time appointed for holding a meeting of the company, a quorum is not present, the meeting, if called upon the requisition of members, shall stand dissolved.
4) In any other case, the meeting shall stand adjourned to the same day in the next week, at the same time and place, or to such other day and at such other time and place as the Board may determine.
5) If at the adjourned meeting also, a quorum is not present within half an hour from the time appointed for holding the meeting, the members present shall be a quorum.
The provision contained in this clause may be overridden by the articles. This clause seeks to remove a practical difficulty in respect of section 43 A public companies where there may be less than 5 members. It is therefore, proposed to modify section 174 and provide for 2 members to a form a quorum.
Some companies may provide the definition and meaning of quorum in their articles.
3. Necessity for Quorum Quorum for a public company
The Quorum for a public company the quorum is 5 members personally in attendance at the meeting. No proxy is counted in forming the quorum. On the language of the section 174 it appears that these 5 members may be entitled to vote on all resolutions or only in respect of one re
All of us have different interpretations of the American dream. Some of us believe that it means freedom and the opportunity to build wealth and security. On the other hand, others believe it means owning a home, a business, or having the freedom to do nothing. Nevertheless, we all know that we have to work for the American dream even if we have different meanings for it.The problem with this is that many of those who work hard often get in over their heads. People can end up in debt while chasing the American dream even if they earn a decent living. If you are in this predicament, then you should turn to debt management advice to keep your family safe from bankruptcy.In this modern day and age, debt management advice is more common because a lot of people find themselves in deep debts. They find it so easy to charge things on a credit card, and think that they’ll just pay for it later. However, they fail to consider the high interest rates many credit cards will charge for being late on just one payment. An individual’s debt will begin to spiral out of control when that person starts falling behind on payments.Many companies offer debt management advice, and many of them specialize in helping people climb out of their debt. You have to do some research before you decide on a company because some of them provide advice so that they can earn a profit. Many companies that offer debt management advice also have special relationships with creditors. This means that they can reduce your debt faster than you expect.Bill collection companies will be calling you day and night if you have fallen behind on your payments and have no idea on what to do. You may feel depressed, anxious, and wish that you could rip your phone out of the wall when this happens. Try to get some debt management advice before your debt gets the best of you.A good company will help you eliminate your debt altogether but it may take a while. At least, you may learn a lot about managing your money in the future. You should learn a lot from the debt management advice you receive so that you will be better prepared to manage your finances in the future. Learn how to reduce your credit card interest, and how to fix your credit to receive better interest rates on loans. You don’t have to belong to the ever increasing number of Americans in debt.
In Punjab University v. Vijay Singh Lamba , Justice Chandrachud observed as “quorum is the minimum number of members of any body of persons whose presence is necessary in order to enable that body to transact its business validly so that its acts may be lawful…..”
Quorum is the minimum number of members, on whose attendance any validly called meeting can commence its deliberations. It must be noted that such a number of effective members, i.e. members qualified to take part in and to decide upon the questions brought before the meeting, constitute a quorum.
The term quorum is not specifically defined under the Indian Companies Act, 1956. But the term is referred in section 174 of Act.
Section 174 of the Companies Act speaks of quorum for a meeting -----
1) Unless the articles of the company provide for a larger number, five members personally present in the case of public company other that a public which has become such by virtue of section 43 A and two members personally present in the case of any other company shall be the quorum for a meeting of the company.
2) Unless the articles of the company otherwise provide, the provisions of the sub-sections (3), (4) and (5) shall apply with respect to the meetings of a public or private company.
3) If within half an hour from the time appointed for holding a meeting of the company, a quorum is not present, the meeting, if called upon the requisition of members, shall stand dissolved.
4) In any other case, the meeting shall stand adjourned to the same day in the next week, at the same time and place, or to such other day and at such other time and place as the Board may determine.
5) If at the adjourned meeting also, a quorum is not present within half an hour from the time appointed for holding the meeting, the members present shall be a quorum.
The provision contained in this clause may be overridden by the articles. This clause seeks to remove a practical difficulty in respect of section 43 A public companies where there may be less than 5 members. It is therefore, proposed to modify section 174 and provide for 2 members to a form a quorum.
Some companies may provide the definition and meaning of quorum in their articles.
3. Necessity for Quorum Quorum for a public company
The Quorum for a public company the quorum is 5 members personally in attendance at the meeting. No proxy is counted in forming the quorum. On the language of the section 174 it appears that these 5 members may be entitled to vote on all resolutions or only in respect of one re
So your flat-style intranet has reached the end of its useful life, now what? Are your end-users asking for unreasonable features like personalization, application and system integration, Single-Sign-On and content management? Do they already use industry web portals such as Google's Personalized Home Page, myYahoo or myMSN? Are they wondering why you can't deliver something more like these? Well, you're not alone. The technical skills of today's workforce are light years ahead of where they were 5-10 years ago. The new generation of employees and management are relying on aggregated information sources, served up quickly, through any electronic device. In addition, we've seen social networking sky rocket over the last few years and the use of instant messaging, text messaging, and blogging enter the corporate arena. So back to the original statement, your flat-style intranet has reached the end of its useful life, no what? This is a common question among company's who have a lot of information, in various formats, specific to roles and work units, scattered all over the place, and on various web and file servers.To continue to leverage the power of a well adopted, but suffering, intranet, a growing trend among companies, both small and large, is the implementation of web portals. A web portal can be defined as many things to many people. In its simplest form a web portal is a website that offers users (employees, customers, partners or end-users) a way to easily find, navigate, and manage information in a consolidated view. Many of the web portal solutions on the market today offer the ability to integrate applications, database content and RSS feeds into their solution.What does this mean to those looking to satisfy their disgruntled intranet users? It means that with a little planning, design and most times, money, you can resurrect your aligning enterprise intranet or corporate web site into a dynamic, living, breathing, self-service web portal . Users will be thrilled to find that they can manage their content, change the look of their screens, customize their pages and integrate many systems, file folder, applications, into one single view without sifting through disconnected and sometimes unintuitive web pages.Start reading about things I have learned about leading portal implementations and migrating your corporate intranet to a robust web portal. The beauty of it, you can use any portal solution, such as Microsoft Share Poin
4) In any other case, the meeting shall stand adjourned to the same day in the next week, at the same time and place, or to such other day and at such other time and place as the Board may determine.
5) If at the adjourned meeting also, a quorum is not present within half an hour from the time appointed for holding the meeting, the members present shall be a quorum. The provision contained in this clause may be overridden by the articles. This clause seeks to remove a practical difficulty in respect of section 43 A public companies where there may be less than 5 members. It is therefore, proposed to modify section 174 and provide for 2 members to a form a quorum.
Some companies may provide the definition and meaning of quorum in their articles.
3. Necessity for Quorum Quorum for a public company
The Quorum for a public company the quorum is 5 members personally in attendance at the meeting. No proxy is counted in forming the quorum. On the language of the section 174 it appears that these 5 members may be entitled to vote on all resolutions or only in respect of one resolution on none at all. If the Chairman finds that the minimum number of 5 members is present, he can proceed with the business of the meeting. At this juncture the question of taking part in discussion or voting for or against any motion does not arise. But it has been held that the quorum must be effective members, members competent to take part in and to decide upon the questions brought before the meeting.
Quorum for a private company
The quorum at general meetings of private companies and section 43A public company is 2 members personally present, unless the articles of the company provide for a larger number.
Waiting period for Quorum
The articles of the company may provide as to how long from the appointed time the members will wait for quorum and if no quorum is present within the waiting time what will be fate of the meeting. But if the articles do not provide for such eventualities then the provision of this section will apply. The persons assembled at the appointed place shall wait for half an hour.
Rules regarding Quorum
As regards quorum at the general meetings, the following rules must be followed:
a) For the purpose of ascertaining quorum, only members present in person, and not by proxies, are to be counted. Even the Articles cannot provide for counting of proxies for the purpose of quorum. However, exception to this rule is there in sections 167 and 186.
b) Preference shareholders and equity shareholders without voting rights present in the meeting are not to be counted for the purpose of quorum except where the proposed business includes any item directly affecting preference shareholders or they have earned voting rights.
c) Joint shareholders are treated as single member for purposes of counting quorum. In Transcontinental Hotel Ltd., In re , in this Australian case the articles of association of a limited company required that a quorum of two members should be personally present at a meeting of the company to pass a special resolution. It was held that the presence of two persons who were registered as joint holders was a sufficient compliance with the articles of association. In other words, for purpose of quorum, two joint holders were treated as two members of the company.
d) A member present in two or more capacities, for instance, as an individual member and trustee, may be counted as two members personally present for the purposes of the quorum.
e) If a company is a member of another company, it may authorize a person by a resolution to act as its representative at a meeting of the latter company, and then such a person shall be deemed to be a member present in person and counted for the purpose of quorum (section 187). However, the donee of general power of attorney cannot be equated with that of a representative appointed under section 187. If the member concerned desires to appoint the donee as proxy, he can do so but in that case, the donee can act only in the same way as any other proxy. Where two or more companies being members of another company appoint a single person as their representative, then each of such companies will be counted in quorum at a meeting of the latter company.
f) Where the President of India or the Governor of a State holds shares in a company and appoints a person to act as his representative as a meeting of that company, then such person shall be deemed to be a member present in person and counted for the purposes of quorum (section 187A).
g) Where the total number of members of a company is reduced below quorum fixed by the Articles, the rule as to quorum will be deemed to be satisfied if all the members of the company attend the meeting in person.
One man meeting
If only one member turns up then can be called as a meeting was the question arose in Sharp v. Dawes , in this case there were several shareholders in a company. A meeting was called for the purpose of making a call. Only one shareholder attended the meeting. He, however, held the proxies of other shareholders. He took the chair and passed a resolution for making call and then proposed and passed a vote of thanks. In giving judgment in the Court of Appeal, Lord Coleridge said: “The word ‘meeting’ prima facie means a coming together of more than one person…. This was not a meeting within the meaning of the Act”.
When the Central Government or the Tribunal calls a meeting under section 167 or 186 respectively it may be directed that one member of the company present in person or by proxy shall be deemed to constitute a meeting. This course was adopted in L. Opera Photographic Ltd., Re , in a company consisting of two members with 51:49 holding, the majority shareholder was not able to remove the other from directorship because under the articles a meeting without the other attending was not possible. So the majority applied for a court (here it would be CLB) order that a meeting should be called at which the attendance of one would be the quorum. Since the majority shareholder had a statutory right to remove the other from directorship his right could not be vetoed by quorum requirements and therefore, the
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