Lawgist111Circulation of members‘ resolution
(1) A company shall, on requisition in writing of such number of members, as required in section 100--,
(a) give notice to members of any resolution which may properly be moved and is intended to be moved at a meeting; and
(b) circulate to members any statement with respect to the matters referred to in proposed resolution or business to be dealt with at that meeting.
(2) A company shall not be bound under this section to give notice of any resolution or to circulate any statement unless--
(a) a copy of the requisition signed by the requisitionists (or two or more copies which, between them, contain the signatures of all the requisitionists) is deposited at the registered office of the company,
(i) in the case of a requisition requiring notice of a resolution, not less than six weeks before the meeting;
(ii) in the case of any other requisition, not less than two weeks before the meeting; and
(b) there is deposited or tendered with the requisition, a sum reasonably sufficient to meet the companys expenses in giving effect thereto:
Provided that if, after a copy of a requisition requiring notice of a resolution has been deposited at the registered office of the company, an annual general meeting is called on a date within six weeks after the copy has been deposited, the copy, although not deposited within the time required by this sub-section, shall be deemed to have been properly deposited for the purposes thereof.
(3) The company shall not be bound to circulate any statement as required by clause (b) of subsection (1), if on the application either of the company or of any other person who claims to be aggrieved, the Central Government, by order, declares that the rights conferred by this section are being abused to secure needless publicity for defamatory matter.
(4) An order made under sub-section (3) may also direct that the cost incurred by the company by virtue of this section shall be paid to the company by the requisitionists, notwithstanding that they are not parties to the application.
(5) If any default is made in complying with the provisions of this section, the company and every officer of the company who is in default shall be liable to a penalty of twenty-five thousand rupees.
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- 88 Register of members, etc
- 89 Declaration in respect of beneficial interest in any shar
- 90 Register of significant beneficial owners in a Company
- 91 Power to close register of members or debenture holders or other security holder
- 92 Annual return
- 93 Omitted
- 94 Place of keeping and inspection of registers, returns, etc
- 95 Registers, etc., to be evidence
- 96 Annual general meeting
- 97 Power of Tribunal to call annual general meetin
- 98 Power of Tribunal to call meetings of members, et
- 99 Punishment for default in complying with provisions of sections 96 to 98
- 100 Calling of extraordinary general meeting
- 101 Notice of meeting
- 102 Statement to be annexed to notic
- 103 Quorum for meeting
- 104 Chairman of meetings
- 105 Proxie
- 106 Restriction on voting rights
- 107 Voting by show of hands
- 108 Voting through electronic means
- 109 Demand for poll
- 110 Postal ballot
- 111 Circulation of members‘ resolution
- 112 Representation of President and Governors in meetings
- 113 Representation of corporations at meeting of companies and of creditors
- 114 Ordinary and special resolutions
- 115 Resolutions requiring special notic
- 116 Resolutions passed at adjourned meetin
- 117 Resolutions and agreements to be filed
- 118 . Minutes of proceedings of general meeting, meeting of Board of Directors and other meeting and resolutions passed by postal ballot
- 119 Inspection of minute-books of general meetin
- 120 Maintenance and inspection of documents in electronic form
- 121 Report on annual general meeting
- 122 Applicability of this Chapter to One Person Compan
