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The Minute's of Shareholders Meeting is a document used as the official record of the business of the shareholders meeting. This is specifically created for the use of a Private Limited company. It is a fair and correct summary of the proceedings of the meeting. In India, every company is required to maintain the records of minutes of the shareholder's meetings.
The minutes kept in accordance with the rules of the Companies Act, 2013 are valid evidence in a court of law. The minute's book acts as evidence of conducting the shareholder's meeting and the record of resolutions passed in the meeting. The minutes can be kept in either physical or electronic form (with timestamps).
The quorum (minimum number of shareholders required) for conducting a Shareholders meeting of a private limited company is a minimum of 2 shareholders present with voting rights.
How to use this document?
The Minutes include the following important information:
General Details - the serial number of the meeting, type of the meeting, name of the company, date, time, venue of the meeting, method of meeting (virtual or physical) etc.
Details of the director's present - The details of the director including name, designation, DIN, etc. are included.
Details of other invitee's present - The details of other invitees like the CEO, CFO, Legal Counsel, CS, etc. are included.
Details of shareholders present - This includes the details of shareholders who are present at the meeting including their voting rights in the company.
Details of shareholders not present - This includes the shareholders who are not present at the meeting and their voting rights.
Chairman of the meeting - This includes the details of the temporary chairman elected for the conduct of the shareholder's meeting.
Secretary of the meeting - Generally, Company Secretaries (CS) record the minutes of the meetings, if a CS is not available, the details of the secretary elected for the meeting, the secretary will be responsible for consolidating and recording the minutes of the meeting.
Notice of meeting - This includes how and when the notice of the meeting was served to the shareholders and other stakeholders of the company about the current meeting. It is important to mention the details and get them approved in the meeting of the shareholders.
Review of previous minutes - This includes the details of previous minutes and resolutions passed by the shareholders.
Unfinished businesses from the previous minutes - Under this, the details of previous unfinished resolutions passed by the shareholders can be included.
Resolutions passed in the current meeting - This section covers the details of resolutions passed in the current meeting.
Next meeting details - The date, time, place, etc. of the next shareholders meeting can be included here.
Once prepared, the minutes need to be signed by the Chairman (initials on each page) and need to be kept in the company's minutes book.
The rules and regulations under the Companies Act 2013 will be applicable here.
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