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Companies (Issue ofShare Capital withDifferential Voting rights) Rules, 2001
Companies (Appointment of Small Shareholders’ Director) Rules, 2001
Companies (Passing of the Resolution by Postal Ballot) Rules, 2001
List of businesses in which the resolutions may be passed through Postal Ballot.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


5. Vacation of office

A person appointed as small shareholders’ director shall have to vacate the office if-

  • such person so elected, as director of small shareholders ceased to be a small shareholders’ director on and from such date on which he ceased to be a small shareholder;

  • he has been rendered disqualified by virtue of sub-rule (1) of the above rule.

  • he fails to pay any call in respect of shares of the company held by him, whether alone or jointly with others, within six months from the last date fixed for the payment of the call;

  • he absents himself from three consecutive meetings of the Board of directors, or from all meetings of the Board for a continuous period of three months, whichever is longer, without obtaining leave of absence from the Board;

  • he is partner of any private company of which he is a director, accepts a loan, or any guarantee or security for a loan, from the company in contravention of section 295;

  • he acts in contravention of section 299;

  • he becomes disqualified by an order of Court under section 203;

  • he is removed in pursuance of section 284.

6. Restriction on number of directorship

No person shall hold office at the same time as small shareholders’ director in more than two companies.

[Issued by the Ministry of Law, Justice and Company Affairs (Department of Company Affairs) vide F.No. 1/19/2000-CL.V; Published in the Gazette of India Extraordinary Part-II, Section 3, Sub-section (I) dated 9.3.2001].

Companies (Passing of the Resolution by Postal Ballot) rules, 2001.

  • Short title and commencement:-

    • These rules may be called the Companies (passing of the resolution by postal ballot) Rules, 2001.

    • They shall come into force on the date (10.5.2001) of their publication in the official gazette.

  • Definitions:-
    In these Rules unless the context otherwise requires:-

    • “Act” means the Companies Act, 1956,

    • “Postal Ballot” includes voting by share holders by postal or electronic mode instead of voting personally by presenting for transacting businesses in a general meeting of the company,

    • “Requisite majority” with regard to Special Resolution means votes cast in favour of the business is three times more than the votes cast against, with regard to ordinary resolution, votes cast in favour is more than the votes cast against.

  • Application:-
    These Rules shall be applicable to listed companies and in case of resolutions relating to such businesses as are specified under rule 4.

 

   

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