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Corporate & Other Laws
Counting of quorum - person in more than one capacity Means? How to count Give a practical example and explain in layman terms 😅
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If a person is more than one capacities he is counted as quorum separately in each capacity. Example If a person is present as a representative of a company (ABC private limited holding - 95%) as well as member (Mr. A - 5%) of his individual capacity, Quorum is counted as two. Sec 106(3) states "On a poll taken at a meeting of a company, a member entitled to more than one vote, or his proxy, where allowed, or other person entitled to vote for him, as the case may be, need not, if he votes, use all his votes or cast in the same way all the votes he uses." Sec 113(2) (2) "A person authorised by resolution under sub-section (1) shall be entitled to exercise the same rights and powers, including the right to vote by proxy and by postal ballot, on behalf of the body corporate which he represents as that body could exercise if it were an individual member, creditor or holder of debentures of the company.