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Section 107 of the Companies Act 2013: Voting by Show of Hands

SECTION-107 (Voting by Show of Hands) under CHAPTER-VII (Management and Administration) of the Companies Act, 2013

(1) At any general meeting, a resolution put to the vote of the meeting shall, unless a poll is demanded under section 109 or the voting is carried out electronically, be decided on a show of hands.

(2) A declaration by the Chairman of the meeting of the passing of a resolution or otherwise by show of hands under sub-section (1) and an entry to that effect in the books containing the minutes of the meeting of the company shall be conclusive evidence of the fact of passing of such resolution or otherwise.







Extra Notes for Readers

(1) The Companies Act, 2013 received the assent of the President on the 29th August, 2013 (Published in the Gazette of India, Extraordinary, Part II - Section 1 by Ministry of Law and Justice, Legislative Department on 30th August, 2013) - link


(2) Section 107 of the Companies Act 2013 was notified by MCA Notification S.O. 2754(E) dated 12th September 2013 (w.e.f. 12th September 2013) - link

(3) Further, refer the Companies (Management and Administration) Rules, 2014 - link


[Also check further amendments, if any, to the Companies (Management and Administration) Rules, 2014]


(4) Specified IFSC Public Company - MCA Notification G.S.R. 08(E) dated 4th January, 2017 - link

Serial
Number
Provisions of the Companies    Act,    2013 (18 of 2013)
Exceptions/Modifications/Adaptations
24.
Sections 101 to 107 and section 109
Shall apply in case of a Specified IFSC public company, unless otherwise specified in the articles of the company.


(5) Private Companies - MCA Notification G.S.R. 464(E) dated 5th June 2015 - link

Serial
Number
Chapter/Section number/Sub-section(s) in the Companies Act, 2013
Exceptions/Modifications/Adaptations
7.
Chapter VII, sections 101 to 107 and section 109.
Shall apply unless otherwise specified in respective sections or the articles of the company provide otherwise.




This page was last updated on 17th March, 2017.

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