MINOR AS QUORUM OF A GENERAL MEETING OF A COMPANY
Dinesh Malik
(Querist) 14 November 2009
This query is : Resolved
IN A PVT. LTD. CO. THERE ARE TWO MEMBERS AS UNDER:
1. Mr. A
2. Ms. X (Mr. A's minor daughter through his guardianship)
As per Companies Act, the condition of two members is satisfied.
My question is:
"Whether Mr. A and Ms. X (through Mr. A) constitute a valid quorum for a general meeting of shareholders" ?
I lookforward you responce and cooperation.
My E-mail: cs.malikdinesh@gmail.com
Mobile: 09872305737
A V Vishal
(Expert) 14 November 2009
Even though a minor is a member, she is under the guardianship of her natural parents who represents her interests, in my opinion the quorom is valid although she may not vote but a proxy on behalf of her can do it.
Swaroop Godbole
(Expert) 14 November 2009
i think being a minor is nothing but a disability by legal fiction that a minot, not that experienced may have to suffer undue advantage by other on him. So he can not enter into agreement. but if no such disadvatage is made out and the contract is good for the minor then it is valid contract in as per the circumstances. my query is whether voting in the meeting is entereing into contract ?? if the answer is in negative i think then a minor can very well attend and vote in the meeting.
even though the companies act do not put any restriction on minor for being member, practically i find it hard to be so... because any property vested with the minor, is ensured to be always taken care by his gurdian. then such guardian has to look after the property: minors rights and duties, liabilities towards it. then guardian has to attende the meeting if so desires and he has to participate in voting ...
