QUORUM

Quorum refers to minimum number of members who must be present at

a meeting in order to constitute a valid meeting. A meeting without the
minimum quorum is invalid and decisions taken at such a meeting are not
binding. Th articles of a company may provide for a quorum without
which a meeting will be construed to be in valid. Unless the articles of a
company provide for larger quorum, 5 members personally present in the
case of a public company and 2 members personally present in the case
of a private company shall be the quorum for a general meeting of a
company.
The term quorum is from a Middle English wording of the commission formerly
issued to justices of the peace, derived from Latin quorum, "of
whom", genitive plural of qui, "who". As a result, Quora as plural of quorum is
not a valid Latin formation. In modern times a quorum might be defined as the
minimum number of voters needed for a valid election. It has been held by
courts that unless the articles otherwise provide, a quorum need to be present
when the meeting commenced, and it was immaterial that there was no
quorum at the time when the vote was taken. Further, unless the articles
otherwise provide, if within half an hour from time appointed for a holding a
meeting of a company, a quorum is not present in the person, the meeting:
1) If called upon the requisition of members, shall stand dissolved;
2) In any other case, it shall adjourned to the same day in the next week, at the
same time and place, or to such other day and time as the Board of Directors
may determine.
If at the adjourned meeting also, the quorum is not present within half an
hour from the time appointed for holding the meeting the members
present shall a quorum. In case the Company Law Board call or directs the
calling of a meeting, when default is made in holding an annual general
meeting, the government may give directions regarding the quorum
including a direction that even one member of the company present in
person, or by proxy shall be deemed to constitute a meeting. Similarly the
Company Law Board may, direct a meeting of the company (other than an
annual general meeting) to be called and held where for any reason ii is
impracticable to call a meeting and direct that even one member present
in person or by proxy shall be deemed to constitute a meeting.
According to Robert, Each assembly determines the number of
members that constitutes a quorum in its governing documents. The
quorum may also be set by law. Robert's Rules of Order Newly
Revised states that the quorum set in an organization's bylaws "should
approximate the largest number that can be depended on to attend any
meeting except in very bad weather or other extremely unfavorable
conditions."
In the absence of such a provision, a quorum is an assembly whose
membership can be determined is a majority of the entire
membership. In the meetings of a convention, unless provided
otherwise, a quorum is a majority of registered delegates, even if some
have departed. In a mass meeting or in an organization in which the
membership cannot be accurately determined, the quorum consists of
those who attend the meeting.