1.

Give two points of distinction between each of the following:(i) Ordinary Resolution and Special Resolution. (ii) Annual General Meetings and Extra Ordinary General Meeting. (iii) Private Report and Public Report. (iv) Statutory Report and Non-Statutory Report

Answer»

 

(i)

Special ResolutionOrdinary Resolution
A resolution shall be an ordinary resolution when at a general meeting of which the notice required under this Act has been duly given, the votes cast (whether on a show of hands, or on a poll, as the case may be), in favor of the resolution (including the casting vote, if any, of the chairman) by members w ho. being entitled so to do, vote in person, or where proxies are allowed, by proxy, exceed the votes, if any, cast against the resolution by members so entitled and voting.A resolution shall be a special resolution when – (a) the intention to propose the resolution as a special resolution has been duly specified in the notice calling the general meeting or other intimation given to the members of the resolution; (b) the notice required under this Act has been duly given of the general meeting; and (c) the votes cast in favor of the resolution (whether on a show of hands, or on a poll, as the (base may be) by members who, being entitled so to do, vote in person, or where proxies are allowed, by proxy, are not less than three times the number of the votes, if any, cast against the resolution by members so entitled and voting.

(ii) Annual General Meeting : 

Every company shall in each year hold in addition to any other meetings a general meeting as its annual general meeting. Such a meeting will be held not more than fifteen months shall elapse betw een the date of one annual general meeting of a company and that of the next. A company may hold its first annual general meeting within a period of not more than ‘ eighteen months from the date of its incorporation; and if such general meeting is held within that period, 

it shall not be necessary for the company to hold any annual general meeting in the year of its incorporation or in the following year: 

Every annual general meeting shall be called for a time during business hours, on a day that is not a public holiday. 

(iii) Extra Ordinary General Meeting : The Board of Directors of a company shall proceed duly to call an extraordinary general meeting of the company. The requisition shall set out the matters for the consideration of which the meeting is to be called, shall be signed by the requisitionists and shall be deposited at the registered office of the company. The requisition may consist of several documents in like form, each signed by one or more revolutionists. 

(iv) Statutory Report: The Companies Act of 1956 has made it compulsory for all companies to maintain certain sets of books of account for recording the financial transactions and to publish its annual statements in the prescribed form from time to time. 

Some important provisions relating to preparation and publication of final accounts are as follows: 

• Publication of Balance Sheet 

• Form and Contents of Balance Sheet and Profit and Loss Account etc. 

If the directors fail to do so, that is considered civil and criminal offence and they may be penalized for that offence. So all companies disclose this information without failure. 

Non Statutory Reports: 

Non-statutory report is also at par in importance with statutory disclosure to get the complete idea of the companies business and prospects. It is discretionary to give non-statutory information in the annual reports. It depends on the company’s policy to disclose it.



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