Amended and updated notes on section 104 of Companies Act 2013. Detail discussion on provisions and rules related to chairman of meetings.
Chapter VII (Sections 88–122) of the Companies Act, 2013 (CA 2013) deals with the provisions related to management and administration. Section 104 of CA 2013 provides for chairman of meetings.
Recently, we have discussed in detail section 103 (Quorum for meetings) of CA 2013. Today, we learn the provisions of section 104 of Companies Act 2013 read with the Companies (Management and Administration) Rules, 2014.
Section 104 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 104 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. | 104 |
| Section Name | Chairman of meetings |
| Monthly Updated Edition | Company Law PDF |
Section 104 of Companies Act 2013: Chairman of meetings
Section 104 shall come into force on 12th September, 2013 vide Notification No. S.O. 2754(E) dated 12.09.2013.
(1) Unless the articles of the company otherwise provide, the members personally present at the meeting shall elect one of themselves to be the Chairman thereof on a show of hands.
(2) If a poll is demanded on the election of the Chairman, it shall be taken forthwith in accordance with the provisions of this Act and the Chairman elected on a show of hands under sub-section (1) shall continue to be the Chairman of the meeting until some other person is elected as Chairman as a result of the poll, and such other person shall be the Chairman for the rest of the meeting.
Exception/ Modification/ Adaptation:
1) In case of Private company, section 104 shall apply unless otherwise specified in this section or the articles of the company provide otherwise. –Notification No. G.S.R. 464(E) dated 5th June, 2015.
2) Section 104 shall apply in case of a Specified IFSC public company, unless otherwise specified in the articles of the company. –Notification No. G.S.R. 08(E) dated 4th January, 2017.