(i) Members of World One Limited holding more than 2% of the total voting power want the company to give a special notice to move a resolution for…

CA Intermediate · Corporate and Other Laws · MTP · September 2026
(i) Members of World One Limited holding more than 2% of the total voting power want the company to give a special notice to move a resolution for appointing an auditor other than the retiring auditor. Explain whether they can do so under the Companies Act, 2013. (ii) Can a member of a listed company who has cast a vote through remote e-voting attend the general meeting and change that vote?

Suggested Answer and Working Notes:

Provisions of the Law: (i) Under section 115 of the Companies Act, 2013, where special notice is required for a resolution, it must be given to the company by members holding not less than 1% of total voting power. Section 140(4) requires special notice for a resolution appointing an auditor other than the retiring auditor. (ii) Under Rule 20(4)(v) of the Companies (Management and Administration) Rules, 2014, a member who has cast a vote by remote e-voting may still attend the general meeting but is not entitled to vote again or to change the vote already cast. Analysis and Conclusion: (i) Members of World One Limited holding more than 2% of total voting power exceed the 1% threshold, so the requirement entitles them to validly approach the company to give such special notice. (ii) A member of a listed company who has cast a vote through remote e-voting can attend the general meeting but cannot change the vote already cast.

Topics: Management & Administration

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