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bcom 2nd year company meeting notes

bcom 2nd year company meeting notes

Company meetings  (Company’s Meetings)

Ordinarily, the intention of a meeting is to meet or gather together two or more persons for consultation or execution of a work by prior notice or mutual arrangement. Renowned scholar M.A. According to Sharlekar, “gathering of two or more persons together for the legal purpose is called gathering.” Thus, it can be said that the following things are necessary for any assembly   (a) pre-convening of the assembly, (b) presence of a low caretaker number (quorum), (c) the rules of the law duly learned According to the call, (d) the proceedings of the assembly and the closing have been legislated. bcom 2nd year company meeting notes in hindi

Types of company meetings 

(Kinds of Company’s Meeting)

The various assemblies of the company can be divided into the following parts 

(1) Shareholder’s Meetings

The shareholders are the owners of the company, but since they are unable to manage and operate the company due to the circumstances, the operators manage the company as their representative. Meetings meet together to discuss the company. As per the Companies Act, the following assemblies of non-holders are – (i) Legislative Assembly, (ii) Annual General Assembly, (iii) Extraordinary Assembly and (iv) Class Meetings. 

(2) Meetings of the Board of Directors

Only the operators of the company actually manage the company. Therefore, the policy, management, control and other important things of the company are considered in the meetings of the Board of Directors. Barring the subject of which the shareholders have the right to decide, help is taken in the meetings of the Board of Directors to discuss the Saka issues. 

Company Meetings and Motions / 38 These meetings are called mainly for the following work-

  • To distribute the components,
  • To solicit fractions,
  • To transfer the Anshi,
  • To determine the dividend rate,
  • Considering the difficulties of the company and

Etc. to determine the policy of the company.

(3) Meetings of Creditors –

When the company is reconstituted or reconstituted, there is a need to have a creditors’ assembly. On application by the company or any of its creditors or in the court, the court may order to hold the company creditor. Creditors’ meetings are held for the company’s plans which affect the interests of the creditors, so that their consent can be obtained.

(4) Meetings of Debenture-holders

If the company has received capital by issuing a letter of credit, then it plans to call a gathering of debtors. The rules relating to the assembly of debentures are mentioned in the terms of the debentures, which are printed on the back of the debentures document. If the company wants to reduce the rate of interest paid to the debtors, it is necessary to get the approval of the debtors. It is necessary to organize their meetings in order to get the approval of solvable debentures. In the event of winding up, the settlor of the company may call a gathering of debtors for a settlement plan. 

bcom 2nd year company meeting notes in hindi

Statutory provisions relating to the organization of a company meeting 

(Legal Provisions for Holding a Company Meeting)

All decisions of the company are made by the meetings, so it is necessary that the meetings should be organized in a valid manner. The Companies Act lays down the necessary provisions of a valid assembly which are as follows 

(1) Call of the House by the appropriate officer – For the validity of the meeting it is necessary that it should be organized by the officer who is authorized for it. That is, the assembly will be considered valid only when it is called by the appropriate officer. Usually the meetings are called by the moderators. But if the directors do not call the meetings for any reason, then the members can be called by the shareholders, the Company Law Board or the Central Government as well. 

(2) For proper information of any assembly to be in the legal form, it is necessary that all those persons who are entitled to join the meeting be informed about the date, time, place and program. . This information should be sent in writing at least 21 days before the date of the meeting.

(3) Agenda of the House- A description of the work to be done in any House is called a List of Business. To run the proceedings of the House smoothly, it is necessary that a list of the work to be done in the House is prepared by the Secretary in advance and it should be sent to the members involved in the House so that they can consider it. Often, action is taken in the order described in this list. 

(4) Minimum caretaker number or quorum-minimum caretaker number is the minimum number of summers required to be held for the validity of any assembly. All the proceedings in the assembly are in vain if the minimum members are not present. In the case of a public meeting, the presence of at least two members in the case of a private company and at least five members in the public situation is mandatory. In relation to the board of directors, 1/3 of the total number of directors or two directors (whichever is higher) will be the minimum number. 

If a meeting is adjourned for want of kopam, this meeting will be held again in the same week, same place in the second week and if the quorum is not fulfilled within half an hour from the time of the meeting also, which will be done again, which Members are also present, they will be treated as quorum and proceedings of the assembly will be held. 

(5) It is necessary that there should be a Speaker in the House for the smooth conduct of the proceedings of the House. Speaker means a person who is elected before the House or at the time of the House to preside over and conduct its proceedings. Often the Chairman of the Board of Directors also acts as the President of the General Assembly. But if he shows an inability then one of the members who are present there is elected to the post of president. No statutory qualifications are prescribed for such a person under the law.

(6) Provisions and proposals Decisions are taken in a democratic manner in company meetings. Therefore, any member can submit a suggestion for consideration in the House on the basis of the agenda of the Speaker with the permission of the Speaker. This suggestion is provisional. When this suggestion is accepted in the same form or modified form by the members present, it is called the resolution of the motion. 

(7) State of mind of the House – After sufficient discussion on the provision laid by the members in the House, the mood of the members present is ascertained. If all members are in favor of that provision, then that provision is considered unanimously accepted and it will become a proposal in this way. If members are in opposition to that provision then that provision is rejected and if some members oppose that provision and some do not oppose it, then the Speaker conducts a vote to know the status of the members in relation to that provision. If the provision is approved after the vote, it is called a resolution.

(8) Place of the House – The intention of the adjournment of the House is to adjourn the House till any future date. The assembly which is re-organized after adjournment, called the adjourned meeting, is considered to be part of the original assembly. Therefore, only those works are done in this, which could not be organized in the original assembly. But this condition will not apply in relation to the Legislative Assembly. 

It is not necessary to send a fresh notice if any adjourned meeting is held within 30 days of the date of adjournment. If it is held on or after the 30th day, then a new notice is sent like the original assembly. 

(9) It is necessary to keep a complete account of all the proceedings and decisions taken in the meetings of the micro company of the House so that information can be obtained and used as evidence in future if necessary. . For this it is necessary that the subtle of the assembly should be kept. 

bcom 2nd year company meeting notes in hindi

Legislative assembly 

(Statutory Meeting)

As per the Companies Act, 2013, “a company with limited liability by each share and a company with limited liability by guarantee, in which the share capital is mandatory, at least one month after the date of its authorization to commence business. And within a maximum period of 6 months, call a meeting of the members of the company, which is called a Statutory Meeting. ” 

bcom 2nd year company meeting notes in hindi

need 

(Necessity)

A statutory assembly is required to call only for the following two types of companies (a) limited liability company by share, and (b) limited liability company by share capital guarantee. The following companies have been exempted from calling a statutory assembly-

  • Private company
  • Company with unlimited liability.
  • Limited liability company with no share capital guarantee.
  • An existing private company which is later converted into a public company.

Objectives of legislative assembly 

(Objects of Statutory Meetings)

The main purpose of calling a legislative assembly is to give the members information related to the formation of the company, but still the members mainly get the following information from this assembly 

(1) How much money the company has received from the issue of shares.

(2) Statement of expenses incurred from this amount.

(3) Particulars of properties purchased and to be purchased by the company

(4) The main agreement and agreement signed by the company. 

(5) Current financial condition and future growth prospects of the company. 

(6) Under the statutory report to be presented in the House, allocation of shares, amount received and paid, initial expenditure, accession agreement etc. are mentioned 

(7) Apart from the subjects given in the statutory report in the House, any other subject can be discussed. If proper notice is given by the members. It is noteworthy that the legislative assembly has special significance. Yant is called only once in Tapi and is the first comprehensive gathering of the company. This is the meeting where members first get an opportunity to express their views and get acquainted with the real situation of the company. 

bcom 2nd year company meeting notes in hindi

Statutory rules 

(Legal Provisions)

Essentials This meeting is mandatory for a public company with limited share capital (limited by shares and limited by guarantees). Private company There is no need to hold this meeting for an unlimited company or a shareless guarantee company. 

Deadline – This meeting shall be called at least one month from the day of receipt of the certificate of commencement of business and not more than 6 months from the date of commencement of business. 

Passing Resolution – In this meeting, the same resolution can be passed, whose due information is required to be given 21 days in advance. There is a rule to give 14 days’ notice for the works for which special information is mandatory in the Companies Act. But the statutory meeting may be adjourned from time to time and the resolution may be passed in that adjourned meeting, if the information related to the rule has been fulfilled ie if the rule relating to the period of giving information on the date of the adjourned meeting has been followed. Yes, then that resolution can be passed. 

Rights of adjourned meeting – When a statutory assembly or meeting is adjourned, the rights of the members and the company in the adjourned meeting will be exactly the same as the penalty for breach of rules in the original meeting – if any of the rules of the meeting is dissolved. , Then a fine of up to Rs 5,000 can be imposed on the Director of Blame or any other officer. Statutory Report Under the Companies Act, the Board of Directors of the company has to submit a report to the members of the company. This is called a statutory report. 

bcom 2nd year company meeting notes in hindi

Duties of the Secretary in relation to the Legislative Assembly 

(Duties of Secretary Regarding Statutory Meeting)

In connection with the Legislative Assembly, many works are done by Sachit, which for the convenience of study, the following three

Can be divided into headings

Duties before the Meeting 

(1) To determine the date, time and place of the assembly – to arrange to convene the meeting within the period prescribed in the Act, i.e. to see that the statutory assembly is at least one month after the date of the company being authorized to commence business and Called within more than 6 months. 

(2) Preparation of statutory report in the prescribed format. (3) Preparation of information of the meeting to be sent to the members. 

(4) To convene the meeting of the Board of Directors to consider and approve the statutory report and information of the House. 

(5) After getting certified by the operators, the auditors get the details related to the receipts and payments specified in the report. 

(6) To publish the statutory report and information and agenda of the meeting as per the instructions of the moderators.

(7) To send information of the meeting to the members at least 21 days before the date of the meeting. A copy of the statutory report is attached to the notice of the gathering.

(8) After sending the statutory report to the members, send a copy of this report to the registrar. 

(9) Preparation of members list: In this list, names, addresses, occupations, number of shares held by them, etc. are mentioned. 

(10) To publish the information of the Legislative Assembly in the local newspapers and to arrange for the House Building – Arrangement of seating for the members, necessary papers, pencils etc., information of the House on the Speaker’s table, working, statutory report and necessary stationery. etc . In addition, keep important documents of the company as may be required by the Chairman.

bcom 2nd year company meeting notes in hindi

Duties at the Meetings 

(1) To sign all the members present in the House. 

(2) Assisting the Chairman (Speaker) in ascertaining whether a caretaker number is present in the House.

(3) To read the information of the House on the instructions of the Chairman. 

(4) If the Speaker permits, read the statutory report. 

(5) To take comments on the proceedings of the House, so that it can be easy to write fine in the House. 

(6) To assist the Speaker in the conduct of the House. For this, he provides information, clarification, documents etc. required by the Chairman or members. . 

(7) Assisting the Chairman in conducting the voting and arranging the vote as directed by the Chairman. 

(8) To keep the information of members open for inspection of members at the time of assembly.

bcom 2nd year company meeting notes in hindi

Duties after the Meeting 

(1) To write the micro of the house in micro-booklet based on the comments taken during the assembly. 

(2) To have the asthma of the assembly certified by the chairman.

(3) If a special resolution has been passed in this assembly, a copy of the same should be sent to the Registrar of Companies by the Secretary within three days of the conclusion of the meeting.

(4) To implement the decision taken for the resolutions passed in the House. 

(5) If the adjournment of the statutory assembly is made, then the arrangement for convening such an adjourned assembly is also made by the Secretary. 

In this way, from preparing the micro of the legislative assembly, giving the relevant information to the concerned parties and making them aware of the resolutions passed in the assembly, are important functions of the company secretary. 

bcom 2nd year company meeting notes in hindi

Offer 

(Resolution)

A proposed proposal or ‘motion’, when accepted by the required majority of share holders, takes the form of a resolution. In other words, the accepted ‘suggestion’ is called the proposal. Such a suggestion may be accepted in the same form or with modifications. 

Type of offer 

(Kinds of Resolution)

The following three types of proposals are recognized under the Companies Act.

(1) Ordinary Resolution 

Ordinary proposal means such proposal, which is passed by a simple majority of the members. A simple majority means that more than 50 percent of the total valid votes cast in favor of the motion are received. It is worth mentioning that while calculating the simple majority, valid votes cast by the members or show of hands are counted and not the members present in the assembly. Thus if some members do not participate in voting or the votes cast by them are declared invalid, they are not counted while calculating the simple majority. While passing a simple resolution, the Speaker of the House can give an independent vote, if there is such arrangement from the Articles. Similarly, in case of equal vote in favor and opposition of a motion, the right of the Speaker to cast a casting vote can also be conferred by the Articles. 

bcom 2nd year company meeting notes in hindi

Work to be done by simple proposal 

(Business transactions with ordinary resolution)

All such works whose decision does not require passing special resolution, are done only by passing a simple resolution. The tasks to be done by a simple proposal are 

(1) Ordinary Business 

(i) Accepting the final accounts of the company and the reports of the operators and auditors related to them.

(ii) Declaring dividends.

(iii) Appointing operators in place of retired directors. (iv) Appointment of auditors and their fixed wages. 

do. 

(2) Special Business: Under the above, such special work can also be done by passing a simple resolution, which does not require to pass a special resolution, but for such special work, it is necessary to give prior notice. Following are some of the special tasks to be done by passing a simple resolution. 

(i) Acceptance of Statutory Report.

(ii) Issue of shares on discount.

(iii) Alteration in fraction worship.

(iv) To decrease or increase the number of operators within the limits prescribed by the Articles.

  • To remove an operator from his post.
  • Appointment of standalone sales agents.
  • Authorizing operators to sell the company’s business.
  • Voluntary winding up of the company in specific cases.
  • To do any other work according to the rules.

It is noteworthy that it is sufficient to pass a simple resolution for all such works, unless something contrary has been given under the Companies Act or the Articles of Association. 

bcom 2nd year company meeting notes in hindi

Speci al Resolution 

According to the Companies Act 2013, a proposal is called a special resolution, whereas 

1. The intention to present the proposal as a special motion has been made clear at the time of giving notice of the comprehensive gathering. 

2. The information of the comprehensive gathering required under the Act has been given in proper form. (That is, the information of the meeting should have been sent at least 21 days in advance). 

3. The number of votes received in favor of the motion must be at least three times the number of votes received in the opposition (ie 3/4 or more votes in favor of the motion). It is thus clear that the special resolution is passed by a majority of at least three-fourths or 75 percent. Notice of submission of such proposal should be given at least 21 days in advance and the intention of making special proposal should also be made clear in such notice. 

bcom 2nd year company meeting notes in hindi

Business transactions with Special Resolution

All the important decisions are made by the companies. The following actions require special resolution to be passed 

(i) To make changes in the Councilor Seamanium of the company. 

(ii) To make changes in the Council’s Articles of Association.

(iii) To create Reserve Capital. 

(iv) To reduce the share capital. 

(v) To keep the registers and returns at the additional place of the registered office of the company.

(vi) To appoint a sole win agent for a company with paid up capital of Rs. 50 lakhs or more. 

(vii) To pay interest out of capital. 

(viii) To limit the liability of operators and other officers of the company. 

(ix) To demand Investigation.

(x) To take advantage of an operator. 

(xi) To appoint or re-employ predators in case the Government or Public Financial Institution is the Madika Mukshikar in percentage of the company’s disguised AB Subscribed Star Cavital. 

(xii) For not giving to companies that are under the same management.

(xiii) To give an application to the court for compulsory winding up of the company. (Ain ‘) for permeation of operators (if required by interiors).

(xiv) To conclude the command. 

(xv) To give the settlor the right to accept the powers of other companies in the event of a liquidation of the assets of the company in the event of a liquidation. 

(xvi) For the change in the rights of the Assyrians of any class.

(xviii) To change the basic structure of the company. Aviv) To do any other work for which special offer in the rules 

bcom 2nd year company meeting notes in hindi

The proposed special information (Resolutions requiring Special )

Refers to information specific proposals that the submission of such a proposal and has to send at least 14 more days of this information gathering wall member. While counting these 14 days, the day of assembly and the day of receiving the information are not included. The company has to give information to all the members regarding this proposal. This information is sent to all members at least 7 days in advance (clearly) from the House. If it is not possible to inform the members of the House separately. So through the newspaper, all the members are informed about this proposal. In this way, before presenting the proposal with special information, the information related by the member concerned should be given to all the members from the House at least 7.The day before the meeting is sent with the information of the gathering or is given through the newspaper or by the method given in the internment. A proposal with special information can be passed either as a general or special resolution, if necessary. The purpose of such proposals is to give sufficient time and opportunity to the members of the company for detailed consideration. bcom 2nd year company meeting notes in hindi

The proposal by the special information (Business Transaction with Special Notice Resolution)

Special information is required for proposals related to the following tasks 

is

(1) To appoint a person other than the retiring auditor 

(2) For a clear declaration or provision not to re-appoint the retiring auditor. 

(3) To remove an operator before the end of his term. 

(4) To appoint another person in place of the operator so removed. 

Thus in a company, the above three proposals have their own separate importance. 

Subtle 

(Minutes)

Subtle refers to the written description of the functioning and decisions of various types of meetings of the company. In other words, a brief written description of the proceedings of a gathering is called a micro or action of that assembly. 

According to Lee & Bar, “Competent can be defined as the proceedings of the assembly of the directors or shareholders of the company, the work done and the written record of the decisions taken.” 

According to Palmer, “there is a written record of the work done in the subtle assembly.” It is clear from the above definitions that the essence of the proceedings of an assembly is its competence.

bcom 2nd year company meeting notes in hindi

Objects of Minutes

Subtle are prepared for the following purposes:

(1) To prepare a permanent record of the actions taken and decisions taken in the House. 

(2) To present as a witness at the time of dispute. 

(3) The proceedings of the assembly itself to keep the memory as evidence or proof. 

Characteristics of micro

(Characteristics of Minutes)

Following are the salient features of micro 

(1) In the subtle, there should be a clear mention of whose assembly it is. Apart from this, the date, venue, name of the speaker of the meeting, number of members present, names of the directors present, etc. should be mentioned. 

(2) In the subtle, only real or professional debate and decisions taken on them are described. 

(3) Subtle should be written in short and simple language.

(4) Only the correct facts should be mentioned in the subtle. (5) It mentions the names of the proposers and approvers. 

(6) On the passing of the resolution, the announcement by the Speaker of the resolution and the number of votes cast in favor of that resolution are mentioned. 

bcom 2nd year company meeting notes in hindi

Points to be considered while Preparing Minutes

They are written by a micro secretary, so he should be well versed in the art of summarization and a good knowledge of the language. Along with this, while writing subtle, he should also keep the following things in mind

(1) Proper headers and numbers –

There should be a proper title of the subtle of the assembly, which should indicate the nature, day, time and place of the meeting. In addition, the order and number of the assembly and micro should also be.

(2) Separate title and serial number-

Separate title and serial number should be entered for each item in micro so that there is convenience in searching for references.

(3) Names of the members present-

The names of the members present in the meeting as a member and the persons present in any other capacity should be given.

(4) Brief description of the discussion-

A brief description of the deliberations on the proposal should be given along with the name of the proposer and the approver. 

(5) Reference and due date-

If there is reference to reports, forms and records somewhere in the micro, then the date number etc. should be referenced. 

(6) Verification of micro-

Signing of the micro by the chairman is called ‘micro-confirmation’. For this, the chairman asks the secretary to read the last meeting. In case of non-objection of the Chairman, he would sign the date with the date by approving or confirming it on the micro. 

(7) List of micro-

Serial numbers are put on the micro of each assembly and then a list is made in descriptive order.

(8) Majority-related references-

When a certain majority is required for acceptance of a resolution, then the number of parties and opposition votes related to the acceptance of the proposal in micro should be given. 

(9) A nomination from the Speaker-

The Secretary makes a rough draft of the micro, after approving the president, (including necessary amendments) and writes it in the micro booklet. 

(10) Changes in subtlety are not possible.

It is not possible to make changes in the subtle once written. But if there are any clerical errors then they can be rectified. The reform should be signed by the chairman. 

bcom 2nd year company meeting notes in hindi

Statutory provisions related to competence 

(Statutory Provisions Regarding Minutes)

Following are the major arrangements of the Companies Act relating to Micro

(1) The page number in the minutes book should be in order. (2) Minutes written on paper should not be pasted in the minutes book. 

(3) Separate minutes book for compulsory meetings of the company, general board, governing board and federal committees are mandatory. 

(4) A proper and correct summary of the proceedings of the House should be written in the minutes book. 

(5) Within 309 days from the date of the General Assembly, the minutes of the House should be written and confirmed by the Speaker of that House. The minutes of the governing board’s meeting or confirmation should be got done in the same or subsequent meeting. 

(6) The minutes prepared in the above manner are believed to be evidence that the assembly and its proceedings have taken place as per rules. 

bcom 2nd year company meeting notes in hindi

Duties of Secretary in relation to micro 

(Duties of Secretary Regarding Minutes)

Following are the duties of the secretary in relation to micro

(1) Micro should be prepared within 30 days from the date of the meeting.

(2) The micro booklet should be kept separately for each assembly. 

(3) A separate article should be arranged to clarify the date, place and nature etc. of the assembly. 

(4) The proceedings of the House should be written in brief but clear and simple language.

(5) Every page of the micro booklet should be signed by the Chairman.

(6) After consultation with the micro proposal, it should be prepared. 

(7) Do not write the debate about the micro proposal, but write only the factual statement related to it. 

(8) Protecting the microscopes. 

Annual General Assembly or Comprehensive General Assembly 

(Annual General Meeting)

Annual general meeting means such a meeting of members which is convened annually according to the provisions of the Companies Act. According to section 96 of the Companies Act 2013, each company is required to organize a comprehensive general assembly of members in addition to other assemblies every year, which is called the annual general assembly. There should not be more than 15 months difference between two annual general meetings, but a company can hold its first annual general meeting within 18 months from the date of receipt of the certificate of its amalgamation. 

Objectives of Annual Comprehensive Assembly 

(Object of Annual General Meeting)

The main objectives of convening the annual comprehensive meeting of the company are:

(1) Maintaining final control over the work and management of the company members.

(2) To make the members of the company aware of the previous year’s work and progress of the company.

(3) Obtaining final approval of annual accounts.

(4) Declaring dividends. 

(5) To appoint new directors to the posts of directors who are retired or vacant due to other reasons. 

(6) To appoint auditors. 

bcom 2nd year company meeting notes in hindi

Statutory provisions relating to the Annual General Meeting

(Statutory Provisions Regarding Annual General Meeting)

The following are the statutory provisions relating to the General Assembly as per the Companies Act, 2013 

(1) Every year, the Assembly convenes –

It is necessary for every company to convene an annual comprehensive meeting every year. In informing such a meeting, it is clearly mentioned that this is an annual comprehensive meeting of the company. 

(2) annual comprehensive

The time interval between the meetings should not be more than 15 months between the two annual comprehensive intervals of the company. 

(3) Time of First Annual Comprehensive Meeting-

The first annual comprehensive gathering can be organized by the company at any time within 18 months of the amalgamation.

(4) Extending the duration of the assembly-

In case of any special reason, the period of the annual comprehensive meeting by the registrar may be extended for a maximum period of 3 months, but the registrar does not have the right to increase the duration of the first annual comprehensive meeting. 

(5) Time, place and day of the meeting

The annual comprehensive meeting of the company may be called on any day in the working hours of the company on any day which is not a public holiday, in the registered office of the company or in any place in the town or town or village where the company’s registered office is located. Can. It is noteworthy that the meeting must commence within the hours of business and the proceedings of such a meeting can continue till the hours of business. If a public holiday is declared on the day of the assembly after giving notice of the meeting, the meeting may be called on such day. 

(6) Exempti on by Central Government

The Central Government has the right to free any company from the arrangements relating to the time, place and day of the meeting, if it so desires, under the conditions which it considers appropriate. 

(7) Chairman –

It is often mentioned in the company’s articles that the Board of Directors will also be the Chairman of the Annual Comprehensive Assembly. But if there is no such arrangement for the Chairman in the Articles, then the Chairman will be elected by the members present. 

(8) Information of the assembly-

The information of the annual comprehensive meeting is required to be given at least 21 days before the meeting, but if all the members who have the right to vote in the meeting agree to the short term notice, then this meeting is called even after giving short notice. May go. 

(9) caretaker number

Generally, the number of caretakers is mentioned in the articles of each company. This number should not be less than the minimum number prescribed by the Act. If caretaker number is not mentioned in the company’s articles. So in the case of a public company, at least 5 and in the case of a private company, at least 2 members are required to be present in an annual comprehensive meeting in person. 

(10) adjourned assembly

If an annual meeting of the company is adjourned, only such subjects which could not be considered in the previous assembly can be considered in such an adjourned meeting. 

(11) Notice of adjourned assembly-

If the adjournment of the Annual Comprehensive Assembly is held for a period of 20 days or more, the information of such adjourned meeting shall be given to the members in the same manner as the original Annual Comprehensive Assembly. In other words, if adjourned for 20 days or more, the information of the meeting will be given 21 days in advance. 

bcom 2nd year company meeting notes in hindi

Extravagant assembly 

(Extra-ordinary General Meeting) 

As per section 100 of the Companies Act, 2013, barring the statutory meeting and general assembly, any other general meeting of the company is called an ‘Extraordinary General Assembly’. An extraordinary comprehensive gathering can be convened at any time by Kampana. The extraordinarily wide gathering is forced to do such tasks. On which it is not possible to wait till the next annual meeting for decision, such as the change in the Council Limit Rules. Issue of debentures etc. 

bcom 2nd year company meeting notes in hindi

Purpose of work 

(Functions or Objectives)

Generally an extraordinarily comprehensive gathering can be called for 

(1) Changing Councilor Seamanium and Interior.

(2) Change in share capital.

(3) To issue shares on write-off.

(4) Issuing bonds.

(5) Moving the registered office from one state to another.

(6) To increase the remuneration of operators.

(7) To consider merger, consolidation or winding up of the company.

(8) Grant of loans to operators. 

(9) Any other work, in which the approval of the members is required. For example, on 29 April 1984, the Supreme Court of India granted the Life Insurance Corporation the authority to convene an extraordinary comprehensive meeting to reconstitute the Board of Escort. 

bcom 2nd year company meeting notes in hindi

Consent of the house 

(Sense or Voting of the Meeting)

When sufficient discussion is held on a subject or suggestion, it is necessary to seek the consent of the House to make a final decision on it. For this, voting is often taken. If the required votes are received in favor of the suggestion, it is accepted and all are bound by it. 

Voting methods or systems 

(Method of Voting)

Several methods are used to find the consent of any assembly, the most popular of them being the swallows. 

(1) Byacclamation of voi ce –

In this method, the Chairman takes recourse to the voices or applause or applause of the members to know the consent of the House. This method is often used only when the decision is expected to be unanimous or almost unanimous. Often the Chairman is called by the members. If they are in favor of the suggestion, they should say ‘Yes’. The latter is said to say ‘no’ (NO), to be in opposition to the suggestion. The decision is given by the Chairman after hearing the voice of both the parties. By this method, by expressing applause or by making a loud sound, you can also be expressed by hitting. 

(2) By show of hands –

This is a simple method of knowing the consent of the House, which is used a lot. Under this method, the members who are on the Raksha Paksha are asked by the Chairman to raise their hands and they are counted. At the bar, members with opposition to the suggestion are asked to raise their hands and count them. After counting the hands raised on both the sides, a decision is given by the Chairman in favor of the side in which more hands are raised. The consent of the Company’s Kiri Comprehensive Assembly is ascertained. Under this method, a member can only vote one vote. Regardless of how many parts he has. Producers can also participate in polling by hand demonstration if the articles are in excess. 

(3) By division –

Under this method, the members present in the assembly are divided into two classes by the Chairman to know the consent of the House. On the one hand, those members who are in favor of the suggestion are gathered and on the other hand those members who are in opposition to the suggestion are gathered. After counting the members of both the parties, a decision is given by the Chairman. This method is rarely used. 

(4) By ballot –

Under this method, the members present in the assembly. Each ballot is given and they are asked to put their opinion in the ballot box by writing ‘yes’ or ‘no’ on the suggestion. Later the ballot box is opened and the decision of the House is announced by the Chairman by counting the votes of the parties and the opposition. 

(5) By poll –

All the above methods do not vote on the basis of the number and value of the shares. Each member gets the right to vote for the same vote, irrespective of the number of shares. Also, absentee members cannot participate in voting. To overcome these difficulties, voting has been arranged in the Companies Act through counting of votes. Under voting by vote, every member has the right to vote on the basis of the number and value of the shares held by him. Also, in this method, the proxy also gets the right to participate in the voting.

bcom 2nd year company meeting notes in hindi

Per delegate 

(Proxy)

When a shareholder cannot attend the meeting for any reason, he can appoint another person to attend his place. The person appointed in this way is called ti Proxy. In the second sense it is also imposed by proxy by which a representative is appointed. Such a person does not have the right to speak in one whole assembly, but has the right to vote. Section 105 of the Act of 2013 provides that a member with the right to vote in the House may appoint another person, whether he is a member or not, as a proxy for the remedy in the House on his own behalf. 

Statutory provisions per capita 

(Statutory Provisions Regrading Proxy)

The following are the statutory provisions related to the male

1. The proxy does not have the right to speak in the company gathering. (Section 105) 

2. If different information is not given in the Articles, then a proxy can vote only on the counting of votes in any other case.

3. Members of a share capital company cannot appoint a proxy unless there is other arrangement in the articles.

4. A member of a private company cannot appoint more than one proxy to appear on one occasion. 

5. It should be written in the notice of the House that the member can appoint the proxy!

6. The deed appointing the proxy must be in writing. 7. Members can check the proxy by giving three days’ notice to the company.

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