12.07.2015 Views

Financial Reporting and Ethics - The Institute of Chartered ...

Financial Reporting and Ethics - The Institute of Chartered ...

Financial Reporting and Ethics - The Institute of Chartered ...

SHOW MORE
SHOW LESS
  • No tags were found...

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

FINANCIAL REPORTING AND ETHICSone – third, <strong>and</strong> when the number <strong>of</strong> members is 6 or less, the quorumshall be 2 members.7.5.16 Resolutions (Section 233)<strong>The</strong>re are two types <strong>of</strong> resolutions. <strong>The</strong>se are ordinary <strong>and</strong> specialresolutions.Ordinary Resolution (Section 233.1)An ordinary resolution is one which has been passed by a simplemajority <strong>of</strong> votes cast by such members <strong>of</strong> the company voting in personor by proxy at a general meeting (Section 233(1)).Special Resolution (Section 237)This is a resolution which is passed by a majority <strong>of</strong> three – fourths <strong>of</strong>the votes/ proxies <strong>of</strong> persons present at a general meeting.Registration <strong>and</strong> Copies <strong>of</strong> Resolution (Section 237)Printed copies <strong>of</strong> certain resolutions or agreements must be sent to theCommission within 15 days <strong>of</strong> passing such resolutions for registration.7.5.17 Directors <strong>and</strong> Secretaries <strong>of</strong> a Company (Sections 244 - 298)Directors (Section 244)Since a company is an artificial person, its management has to beentrusted to human agents. <strong>The</strong>se are the directors <strong>and</strong> managers <strong>of</strong> acompany.Disqualifications for Directorship<strong>The</strong> following persons are disqualified from being directors:(a)(b)(c)(d)An infant (that is a person below 18 years <strong>of</strong> age);An insolvent person;Any fraudulent persons as per section 254 <strong>of</strong> the Act; orA body corporate or a firm, consisting <strong>of</strong> members each <strong>of</strong> whomis qualified under (a) to (d) <strong>of</strong> Section 295.Removal <strong>of</strong> Company Secretaries (Section 296)A company secretary can be removed or suspended by the board incompliance with Section 296 (2) where he is involved in fraud <strong>and</strong>serious misconduct. However, the board shall report the matter to thenext general meeting for ratification.162

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!