Companies Act Section 116 — Resolutions passed at adjourned meeting

CHAPTER VII MANAGEMENT AND ADMINISTRATION

Commercial / Corporate

Summary

Under clause (a), when a resolution is passed at an adjourned meeting of a company, it is treated as having been passed on the actual date it was passed, not on any earlier date.

Under clause (b), the same rule applies to resolutions passed at an adjourned meeting of the holders of any class of shares in a company—the resolution counts from the date it was actually passed.

Under clause (c), for resolutions passed at an adjourned meeting of the Board of Directors of a company, the resolution is also treated as passed on the date it was in fact passed, and not on any earlier date.

Official Text

Where a resolution is passed at an adjourned meeting of—

(a) a company; or

(b) the holders of any class of shares in a company; or

(c) the Board of Directors of a company, the resolution shall, for all purposes, be treated as having been passed on the date on which it was in fact passed, and shall not be deemed to have been passed on any earlier date.