Amended and updated notes on section 107 of Companies Act 2013. Detail discussion on provisions and rules related to voting by show of hands.
Chapter VII (Sections 88–122) of the Companies Act, 2013 (CA 2013) deals with the provisions related to management and administration. Section 107 of CA 2013 provides for voting by show of hands.
Recently, we have discussed in detail section 106 (Restriction on voting rights) of CA 2013. Today, we learn the provisions of section 107 of Companies Act 2013 read with the Companies (Management and Administration) Rules, 2014.
Section 107 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 107 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. | 107 |
| Section Name | Voting by show of hands |
| Monthly Updated Edition | Company Law PDF |
Section 107 of Companies Act 2013: Voting by show of hands
Section 107 shall come into force on 12th September, 2013 vide Notification No. S.O. 2754(E) dated 12.09.2013.
(1) At any general meeting, a resolution put to the vote of the meeting shall, unless a poll is demanded under section 109 or the voting is carried out electronically, be decided on a show of hands.
(2) A declaration by the Chairman of the meeting of the passing of a resolution or otherwise by show of hands under sub-section (1) and an entry to that effect in the books containing the minutes of the meeting of the company shall be conclusive evidence of the fact of passing of such resolution or otherwise.
Exception/ Modification/ Adaptation:
1) In case of Private company, section 107 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 107 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.