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CA Intermediate · Corporate and Other Laws · Management & Administration

Ganga Foods Ltd, an unlisted public company, wants to give a member who cannot attend its general meeting the right to appoint a proxy. Which statement is correct under the Companies Act, 2013?

A proxy may attend and vote only on a poll, not on a show of hands, and the proxy instrument must be deposited with the company not less than 48 hours before the meeting. A proxy has no right to speak at the meeting.

  1. AA proxy can attend and vote on a poll, and the instrument of proxy must be deposited with the company at least 48 hours before the meetingCorrect
  2. BA proxy can vote on a show of hands as well as on a poll
  3. CA proxy has a right to speak at the meeting, and the instrument can be deposited at the start of the meeting
  4. DA proxy is allowed only in a private company and not in a public company

Explanation

A member entitled to attend and vote may appoint a proxy, who can vote only on a poll and not on a show of hands. The proxy instrument must be deposited at least 48 hours before the meeting. A proxy has no right to speak, and the facility is available in public companies with share capital as well.

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