Section 104 of the Companies Act, 2013
Section 104 of the Companies Act, 2013 – Chairman of Meetings
Section 104 of the Companies Act, 2013, deals with the appointment of a chairman for general meetings of a company.
Key Provisions:
Articles may provide for a chairman:
The company’s Articles of Association may specify who will preside as the chairman at general meetings.
If no provision in Articles:
If the Articles do not provide for a chairman, then the members present in the meeting shall elect one among themselves to be the chairman on a show of hands.
Poll for chairman:
If a poll is demanded on the election of the chairman, it shall be taken forthwith, and the result of the poll will determine who shall be the chairman.
Illustration:
If a company’s Articles state that the Managing Director will be the chairman of general meetings, then he shall preside.
If not stated in the Articles, the members present will choose a chairman, unless someone demands a poll, in which case voting will determine who takes the chair.
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