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CS Professional · CSR and Social Governance · Model Code for Meetings of Non-Corporate Entities

Anand Cooperative Society's code requires a quorum of 12 for a meeting. The meeting starts with 12 present, but after one item, 3 members leave, and the chairperson proceeds to a resolution on amending the bye-laws. Under the usual model code position, what is the consequence?

The resolution is not validly passed. Quorum must be present while business is transacted, not just at the start. With 9 members against 12 required, the meeting could not validly decide, and a casting vote does not fix this.

  1. AThe resolution is valid because quorum existed at the start
  2. BThe resolution is valid if the departing members consented to leave
  3. CThe resolution is valid because the chairperson has a casting vote
  4. DThe resolution is not validly passed because quorum must be present while business is transactedCorrect

Explanation

Quorum must be present throughout the transaction of business, not only when the meeting opens. With 9 present against a requirement of 12, the business cannot validly proceed. A casting vote only breaks a tie and does not cure lack of quorum.

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