Samayak Limited, a public company engaged in the manufacture of paper, has 850 members as on the date of its Annual General Meeting convened on…
CA Intermediate · Corporate and Other Laws · MTP · September 2026
Samayak Limited, a public company engaged in the manufacture of paper, has 850 members as on the date of its Annual General Meeting convened on 25-09-2025. The Articles of Association of the company are silent on the requirement of quorum for general meetings. On the date of the meeting, only 4 members were personally present within half an hour from the appointed time. The Company Secretary informed the Chairman that the meeting could not proceed for want of quorum, and the meeting was accordingly adjourned to the same day in the next week, at the same time and place. Examine, with reference to the provisions of the Companies Act, 2013, relating to quorum for general meetings: (i) Whether the Company Secretary was correct in stating that the requisite quorum was not present at the meeting held on 25-09-2025. (ii) What shall be the quorum for the adjourned meeting, and what would be the position if no quorum is present even at such adjourned meeting?
Suggested Answer and Working Notes:
(i) Whether the Company Secretary was correct in stating that the requisite quorum was not present at the meeting held on 25-09-2025: Provisions relating to Quorum for General Meetings [Section 103(1) of the Companies Act, 2013]: Unless the Articles of Association of the company provide for a larger number, the quorum for a general meeting shall be as follows: In case of a Public Company – If the number of members as on the date of the meeting is not more than 1,000 → 5 members personally present. If the number of members is more than 1,000 but up to 5,000 → 15 members personally present. If the number of members is more than 5,000 → 30 members personally present. Analysis: In the given case, Samayak Limited is a public company and had 850 members as on the date of the AGM (25-09-2025). Therefore, the requisite quorum is 5 members personally present. Here only 4 members were personally present within half an hour from the appointed time. Conclusion: Therefore, the statement of the Company Secretary that the requisite quorum was not present is correct. The meeting was rightly treated as inquorate. (ii) What shall be the quorum for the adjourned meeting, and what would be the position if no quorum is present even at such adjourned meeting: Quorum for the Adjourned Meeting and Consequences where no quorum even at adjourned meeting [Section 103(3)]: If at the adjourned meeting also, a quorum is not present within half an hour of the appointed time, the members present shall themselves constitute the quorum, i.e., whatever number of members is actually present at the adjourned meeting shall be treated as sufficient quorum, and the meeting may validly proceed with the business on the agenda. Analysis: Since, in the given instance, the AGM held on 25-09-2025 lacked quorum, it stood automatically adjourned to 02-10-2025, same time and place (being an AGM, not a requisitionist-called meeting). If, at this adjourned meeting held on 02-10-2025, the requisite quorum of 5 members is again not present within half an hour, the members actually present shall constitute valid quorum, and the meeting can be validly held with such members present.
Topics: Management & Administration
Related Questions in this Topic
- 15. Boro-tuff Glasses Ltd. is a public limited company engaged in the manufacturing of doors and panels made from toughe...
- Indian real estate market has long been a cornerstone of nation's economic growth attracting not only local demand but i...
- Sparsh Innovations Limited was incorporated on 10-08-2024. The company's first financial year, as per its Board resoluti...
- Manapuram Ltd. is a leading construction company of India. In 2022 the company decided to convert itself into a private ...
- Top Spinners Foundation, a company registered under Section 8, promotes young cricketing talent, selecting boys and girl...