Section 109 of the Companies Act, 2013
Section 109 of the Companies Act, 2013 deals with the Demand for poll at a general meeting of a company.
Here is a summary of the section:
🔹 Section 109 – Demand for Poll
1. Who Can Demand a Poll:
At a general meeting of a company, before or on the declaration of the result of voting by show of hands, a poll may be ordered by:
The Chairperson, on their own motion, or
On a demand made by:
In a company having share capital:
At least five members present in person or by proxy and entitled to vote on the resolution, or
Any member(s) holding not less than one-tenth of the total voting power, or
Any member(s) holding shares with a paid-up amount of not less than ₹5 lakh.
In a company not having share capital:
At least one-tenth of the total voting power of the members present in person or by proxy.
2. Timing of the Poll:
The poll shall be taken immediately if it is on the question of election of a chairperson or adjournment of the meeting.
In other cases, the poll must be taken within 48 hours of the demand.
3. Procedure and Result:
The manner of conducting the poll and announcing the result will be as prescribed by the rules.
The result of the poll shall be deemed to be the decision of the meeting on the resolution.
📌 Purpose of Section 109:
It ensures that minority shareholders or those holding significant voting power are given a fair chance to demand a proper count of votes, preventing arbitrary decisions based on show of hands.
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