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CS Executive · Company Law and Practice · General Meetings

At the general meeting of Sundaram Textiles Ltd, the articles are silent on who is to chair the meeting and the Chairman of the Board is absent. Under the Companies Act, 2013, how is the chairman of that meeting chosen?

When the articles are silent, the members personally present at the meeting elect one of themselves as Chairman by a show of hands, as section 104(1) provides. No officer, director or auditor becomes chairman automatically.

  1. AThe members personally present elect one of themselves on a show of handsCorrect
  2. BThe company secretary nominates a member to chair it
  3. CThe senior-most director present automatically chairs it
  4. DThe auditor present at the meeting presides over it

Explanation

Section 104(1) says that unless the articles provide otherwise, the members personally present elect one of themselves as Chairman on a show of hands. The company secretary, a senior director or the auditor has no automatic power under this section.

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