Voting by show of hands

(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.

Notes, amendments & references (4)

This section shall apply to a private company and specified IFSC Public Company unless otherwise specified in respective sections or the articles of the Company provide otherwise Notification no. G.S.R. 464(E) dated 5th June 2015 and GSR 08(E) dated 4th January 2017 respectively.

(The exceptions, modifications and adaptations provided above shall be applicable only to those Private Companies which has not committed a default in filing its financial statements under section 137 of the said act or annual return under section 92 of the said act with the registrar, vide notification dated 13th June 2017)

To view the notification, Click Here

It is clarified by MCA that voting by show of hands would not be allowable in cases where Rule 20 of the Companies (Management and Administration) Rules, 2014 is applicable vide General Circular 20/2014 dated 17 June 2014. To view the clarification, Click Here