In an AGM of a Private Limited Company there was one Shareholder present. Meeting was adjourned. In the adjourned meeting again one shareholder was present. Total number of shareholders in the company are 2. What will be true?
A
One person attending the AGM would be taken as quorum in case of adjourned meeting
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B
No, one person can not form quorum of an adjourned meeting.
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C
There is no requirement of quorum for a Pvt. Ltd. Company as per Companies Act, 2013
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D
None of the above
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Solution
The correct option is B No, one person can not form quorum of an adjourned meeting.
If the quorum is not present within half-an-hour from the time appointed for holding a meeting of the company the meeting shall stand adjourned to the same day in the next week at the same time and place, or to such other date and such other time and place as the Board may determine. In case if at the adjourned meeting, a quorum is not present within half-an-hour from the time appointed for holding meeting, the members present shall be the quorum.
In the case of a company limited by shares or guarantee and having only one member, one qualifying person present at a meeting is a quorum. Only at an adjourned Meeting, quorum is not present within half an hour from the time appointed, the Members present, being not less than two in number, will constitute the Quorum.