Amended and updated notes on section 116 of Companies Act 2013. Detail discussion on provisions and rules related to resolutions passed at adjourned meeting.
Chapter VII (Sections 88–122) of the Companies Act, 2013 (CA 2013) deals with the provisions related to management and administration. Section 116 of CA 2013 provides for resolutions passed at adjourned meeting.
Recently, we have discussed in detail section 115 (Resolutions requiring special notice) of CA 2013. Today, we learn the provisions of section 116 of Companies Act 2013 read with the Companies (Management and Administration) Rules, 2014.
Section 116 of the Companies Act, 2013 has been notified by the Ministry of Corporate Affairs (MCA) vide Notification No. S.O. 2754(E) issued dated 12.09.2013. This notification shall come into force from 12th September, 2013 i.e. the commencement date of section 116 is 12-09-2013.
| Name of Act | The Companies Act 2013 |
|---|---|
| Enacted by | Parliament of India |
| Administered by | Ministry of Corporate Affairs (MCA) |
| Number of Chapters | 29 |
| Number of Sections | 484 (470-43+57) |
| Number of Schedules | 7 |
| You are reading: | |
| Chapter No. | VII |
| Chapter Name | Management and Administration |
| Section No. | 116 |
| Section Name | Resolutions passed at adjourned meeting |
| Monthly Updated Edition | Company Law PDF |
Section 116 of Companies Act 2013: Resolutions passed at adjourned meeting
Section 116 shall come into force on 12th September, 2013 vide Notification No. S.O. 2754(E) dated 12.09.2013.
Where a resolution is passed at an adjourned meeting of—
- (a) a company; or
- (b) the holders of any class of shares in a company; or
- (c) the Board of Directors of a company, the resolution shall, for all purposes, be treated as having been passed on the date on which it was in fact passed, and shall not be deemed to have been passed on any earlier date.