Monday 1 December 2014


Q  My query is that in case, there are only 2 shareholders. Out of these, one cannot attend AGM, according to Sec 103 of Companies Act, 2013, whether one person attending the AGM, would be taken as quorum in case of adjourned meeting?

Answer: No, one person cannot form quorum even in case of any Adjourned meeting. There should be atleast 2 members personally present for the purpose of convening AGM as per Section 103 of the Companies Act, 2013 and Letter No. 8/16(1)/61-PR dated May 19, 1961 of Ministry of Corporate Affairs.
As in your case where one shareholder cannot attend AGM, you should apply to the ROC requesting to extend the time for convening AGM explaining the reasons for the same.
Then, you have to convene AGM at the time when both shareholders are present.

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