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

Under the trust deed of Kalyani Education Trust, the Managing Trustee presides at meetings. At a trustees' meeting, quorum is present, but the Managing Trustee has not arrived 15 minutes after the start time. The deed has no other provision on who presides. What is the appropriate course?

Because quorum is present and the Managing Trustee is absent, the trustees present may elect one of themselves as chairperson for that meeting. The meeting need not be cancelled. Persons who are not trustees, such as beneficiaries, cannot take the chair.

  1. AThe meeting must be cancelled and the notice reissued
  2. BThe Company Secretary of the nearest company must preside
  3. CThe trustees present may choose one of themselves to preside at that meetingCorrect
  4. DThe oldest beneficiary present automatically becomes chairperson

Explanation

Where the designated presiding person is absent and the rules do not provide otherwise, the usual model practice is that the members or trustees present elect one of themselves to chair. Quorum is already present, so cancelling is unnecessary. Outsiders or beneficiaries are not entitled to preside.

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