This document discusses different types of company meetings under Indian law. It defines statutory meetings as the first meeting of members that must be held within 6 months of obtaining a business commencement certificate. Annual general meetings must be held once every year within 4 months of the fiscal year end. Extraordinary meetings are held for special occasions. The document also outlines requirements for notice periods, quorum, agendas, minutes keeping, and resolutions for different types of company meetings.
covered all types of companies meeting plus essentials to make the meeting a valid meetings, cases related to the meetings, powers of board & tribunal to call the meetings
covered all types of companies meeting plus essentials to make the meeting a valid meetings, cases related to the meetings, powers of board & tribunal to call the meetings
In the context of a company, the word โmeetingโ implies
The coming together of a certain number of members;
For transacting the business in the agenda;
For which a previous notice has been issued.
Appointment and qualification of managerial personnel or key managerial perso...DVSResearchFoundatio
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Specified class of companies are required to appoint managerial personnel (Managing Director, Whole time director, Manager, etc.) / key managerial personnel (KMP)(Managing Director / Chief Executive Officer, Chief Financial Officer, Company Secretary, etc.) The managerial personnel / KMPs are involved in the key decision making process of a company. The webinar covers the aspects of statutory provisions involved in the appointment and qualification of managerial personnel / KMPs, their roles and responsibilities, statutory compliances and judicial precedents.
In the context of a company, the word โmeetingโ implies
The coming together of a certain number of members;
For transacting the business in the agenda;
For which a previous notice has been issued.
Appointment and qualification of managerial personnel or key managerial perso...DVSResearchFoundatio
ย
Specified class of companies are required to appoint managerial personnel (Managing Director, Whole time director, Manager, etc.) / key managerial personnel (KMP)(Managing Director / Chief Executive Officer, Chief Financial Officer, Company Secretary, etc.) The managerial personnel / KMPs are involved in the key decision making process of a company. The webinar covers the aspects of statutory provisions involved in the appointment and qualification of managerial personnel / KMPs, their roles and responsibilities, statutory compliances and judicial precedents.
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2. MEANING OF COMPANY MEETING
โข A Company Meeting is defined as โA
Gathering of two or more persons for the
purpose of transacting the lawful business
of the companyโ.
4. STATUTORY MEETING
Definition:
Statutory meeting is the first meeting of the members of a
public company. It is held once in the life of a public company.
Statutory means legal so this meeting is totally based on law. Law
enforced the company to call this meeting.
Occasion:
This meeting must be held after 3 months, but before 6
months of obtaining the certificate of commencement of business.
Notice of Meeting:
The directors will send a notice of the meeting to all the
members of the company at least 21 days before the meeting. And
also send a copy of statutory report to the shareholders and ROC.
5. ANNUAL GENERAL MEETINGS
Definition:
Every public company will hold Annual General Meeting of its
members every year. This meeting is to be call and held by the directors of
the company.
Occasion:
The first annual general meeting must be held within 18 months
from the date of its incorporation. The next meeting must be held once in
every calendar year within 4 months after closing of its financial year. The
interval between the two meetings must not exceed than 15 months.
Notice of the Meeting:
The directors will send a notice of the meeting to all the members
of the company at least 21 days before the meeting. It should also be
published in newspaper.
6. EXTRA ORDINARY MEETINGS
Definition:
All general meetings other than annual general meeting and
statutory meeting are known as Extra-Ordinary General Meetings. This
meeting is held on the special occasions or you can say in the emergency
situations when directors think that it necessary. For example; at the plan
of merger etc
Occasion:
This meeting is held on the special occasion and in the emergency
situation.
Notice of the Meeting:
The directors will send a notice of the meeting to all the members
of the company at least 21 days before the meeting.
7. QUORUM
โข Quorum means the minimum no. of persons who must be
present in person in order to form a valid meeting.
โข If the Articles do not apply for larger quorum, the following
rules apply.
โข 5 members personally present for a public Co. and 2 for a
private company.
8. AGENDA
โข The list of things to be discussed in a meetings.
โข Agenda is a document that outlines the contents
of a forthcoming meeting.
โข Effective agenda is one of the most important
elements for a productive meeting.
9. TIME & PLACE
โข Held at registered office at the company or
at some other place in the same city, town
or village in which the registered office of
the company is located.
โข Must be held during business hours on a day
which is not a public holiday.
10. MINUTES AND MINUTES BOOK
โข Written record of proceedings, business transacted &
decisions taken at company meetings.
โข Entries of proceedings to be made here
โข Separate Minutes Book for shareholders meetings &
Board of Directors meetings.
โข To be kept open to inspection by members for at least 2
hours daily free of charge.
11. BOARD MEETINGS
โข EVERY COMPANY shall holds the FIRST BOARD MEETING of
the Board of Directors (BOD) within 30 Days from the
date of incorporation.
โข Hold minimum of 4 meeting of BOD every year.
โข There should not be a gap of more than 120 days
between the two meetings.
โข Central government by notification exempt certain class
of companies
12. BOARD MEETING
๏The purpose is to discuss company policy matters.
๏ถQuorum:-
๏Minimum 2 directors or 1/3rd of the total strength of
directors whichever is more .
๏ถAgenda:-
๏It need not to be sent to the directors.
๏ถNotice:-
๏Length of notice must be reasonable.Type equation here.
13. RESOLUTION
INTRODUCTION:-
โข Resolution is defined as formal and final decision of a
meeting on any motion placed before it for
consideration.
โข Resolutions must be clear, definite with one meaning
only and therefore it must be carefully worded.
โข It must be approved in a properly convened and fully
constituted meeting. Resolution is collective decision of
all members.