Question

Justify the following statement.

Meeting must be duly convened and properly constituted.

Answer 1

A company meeting is defined as an “Assembly or gathering of persons connected with the company who wish to discuss and decide the matters related to it.” A meeting becomes a valid meeting when it is duly convened and properly constituted. A meeting is said to be duly convened when it is convened by proper authority. It must be convened in accordance with the Provisions of the Companies Act, 2013 and Articles of Association of the company.

A meeting is said to be properly constituted only when requisite quorum is physically present at the meeting. The ‘quorum’ implies the minimum number of members legally required to remain present at the beginning and during the course of meeting. There must be proper person in the chair. A meeting becomes valid when it is properly conducted. Pr0per rules for discussion and order in debate must be observed to make the meeting meaningful. The proceedings of the meeting must be recorded properly in the proper minute’s book.