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Decision by special general meeting in absence of board
11 months ago
As a secretary I am calling for special general meeting for issuing NOC to me for flat sell. But no board members are attending except one normal member. In such case other general member present in the meeting is selected as chairman of the meeting. Can such a chairman issue NOC to the secretary?
A.Dear Client,
First you go through the provision Byelaws/Regulations of the Society that governs all the activities of a Society. Any meeting is held on the basis of a Quorum that defines the presence of EC and general members to conduct a meeting and pass a resolution and the quorum varies from AGM/ SGM/ EOGM which is laid down in the Regulation. Further, in the Regulation of a Society, the duties and responsibilities of the Members of GB is defined clarifying the power of proxy i.e, who can proxy in the absence of whom in a meeting. If in the regulation it is mentioned that a Secretary cannot give proxy in place of the President, then if a resolution is passed quorum or quorum less, that resolution cannot be effective or enforceable for lack of provision in the Byelaws. Thus you have to abide by the provision of the Byelaws of the Society in r/o. quorum and Proxy point. However, in the given situation, you may seek the intervention of the Registrar of the Cooperative Society for a resolution that will be binding and acceptable to all.
First you go through the provision Byelaws/Regulations of the Society that governs all the activities of a Society. Any meeting is held on the basis of a Quorum that defines the presence of EC and general members to conduct a meeting and pass a resolution and the quorum varies from AGM/ SGM/ EOGM which is laid down in the Regulation. Further, in the Regulation of a Society, the duties and responsibilities of the Members of GB is defined clarifying the power of proxy i.e, who can proxy in the absence of whom in a meeting. If in the regulation it is mentioned that a Secretary cannot give proxy in place of the President, then if a resolution is passed quorum or quorum less, that resolution cannot be effective or enforceable for lack of provision in the Byelaws. Thus you have to abide by the provision of the Byelaws of the Society in r/o. quorum and Proxy point. However, in the given situation, you may seek the intervention of the Registrar of the Cooperative Society for a resolution that will be binding and acceptable to all.
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A.Dear client,
The answer to your question depends on the bylaws of your flat association/society.
Bylaws refer to the agreement all members of this association are signatories of and thereby are governed by the clauses of this agreement
The answer to your question depends on the bylaws of your flat association/society.
Bylaws refer to the agreement all members of this association are signatories of and thereby are governed by the clauses of this agreement
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