What do you mean by meeting in the company

Introduction

The general mean of meeting is that ” gathering of people for a lawful purpose with the prior notice”.

In case of Pk Ghosh it was gathering assembly or coming together of two or more persons for the tranasaction of some lawful business or common concern is called a meeting.

The essential element of the meeting

• previous notice
• lawful assembly
• two or more person
• to transact a business

Purpose of the meeting

• to reach a commin decision
• to solve a problem
• to understand the situation
• exchange of idea nd experiences
• to give and get feedbak
• to give training
• to review past performances.

Kind of company’s meetings

• Shareholders meeting
  • statutory meeting
    • within 6 months but after 1 month(for public companies only) from the beginning / commencement of the business.
  • Annual general meeting
    • It happens once in a year for both public and private company , the enjoyment and to boost the employees so that they shold work for the company in efficently and effectivily manner.
  • Extra ordinary general meeting
    • in case of an emergencies only which can not wait for the annual general meeting i.e. very urgent and emergency case.
• Board of director meeting
  • where all the business matters related to the policies related or policies implimentation minimum two directors or 1/3rd of the forum , whichever is bigger.
• Debenture holders meeting
  • these meeting are for the diferentiation of the rights, interest and security of the debentures if any modification happens.
    • terms of security
    • their rights
    • rate of interest
• Creditors meeting
  • these are the meeting held for the some new scheme or some changes in the schemes for the creditors or for some special changes.

Validiate of it.

• Properly convened
  • proper date, time and place.
  • agenda of the meeting
  • signature of the competent person calling for the meeting.
• properly constituted
  • quoram of the required number of the member must be present
  • the chaiman should be duely elected.
• properly conducted
  • with the follow up of rules and regualtion in gerneral meeting minimum 5 members if there on less than 1000 employees in a company in general meeting for “public companese”.
  • minimum 10 members if there are more than 1000 but less than 5000 employees in a company.
  • minimum 15 members if there are more than 5000 employees in a company for general meeting
  • it is given in section 103 of the company act
  • Regardless of the number of the member in the company quoram is 2 member in general meeting for private companese.
  • and for the board meeting the quoram for board meeting must be of the 1/3rd of the total directors or 2 directors which ever is higher.and it is given in section 174 of the companies act.

What is proxy

Proxy in general means an authority to represent for onther person in a meeting. In section 105 it provided. A proxy need not be the member of the company usually a proxy have does not right to vote and right ot speak , sometimes it may have right to vote but never have right to speak , in a proxy a person can act on behalf of 50 persons only.

Section 105(2) it provides that every notice sent by the company must prominently mentions the right of the person to appoints the proxy along with the fact that the proxy need not to be the member of the company, a fine can be imposed upto the 5000 rupees by the default of this provision of proxy. For each meeting separate proxy is registered.

Minutes of the proxy section 118

• General contents
  • date
  • people present
  • at what time whose the person what they have said wil be mentioned at what minutes.
• Specified content
  • outcome of the meeting
  • purposes of the meeting.
• the meeting within 30 days of the time can be concluded.

Agenda of the meeting

• An meeting without an agenda its like a road trip without an itinerary.
• samrt meeting agenda are goal oriented.
• well crafted agenda are inclusive
• Motive
• pupose
• aim

Notice in meeting

• the limit for serving a notice.
• prior 21 days for the shareholders meeting
  • satautary meeting
  • annual general meeting
  • extra ordinary general meeting
• there are no any time for the board of directors meeting.
• pre-requisities of a valid notice
  • written and signed by the authorised person
  • mentioning the date and time
  • mentioning the palce
  • send to the eligible person only
  • media should be appropriate
  • uncontitional.

what is motion

A motion is a topic or subject proposed as basic of discussion with the permission of the chairman a motion is moved by an individuals.

• Secures the floor ,” addresses the chaiman” and make a short speechs in support of the motion.
• a motion should be within the scope of the notice it shall be within the power of the body holding in its.
• There are two types of motion
  • primary motion : it is relating to some imporatant function are primary motion
  • secondary motion : ehen there is an ammendment to the primary motion it will be a secondary.

What is resolution

A motion is considerd at a meeting and the outcome is the resolution of the it. There are two types of resolution 1) ordinary resolution in which 51% of the majority of total voting of member and that is also known as simple majority. and 2) special resoultion in which 2/3rd present and voting 3/4th special majority of the toatal present members.

Reference: orginal note written by Riya Tiwari student of LLB of United university Prayagraj Uttar Pradesh.