Section 104 of the Companies Act-Chairman of meetings

Section 104 of the Companies Act, 2013:- Chairman of meetings

^1&2[(1) Unless the articles of the company otherwise provide, the members personally present at the meeting shall elect one of themselves to be the Chairman thereof on a show of hands.

(2) If a poll is demanded on the election of the Chairman, it shall be taken forthwith in accordance with the provisions of this Act and the Chairman elected on a show of hands under sub-section (1) shall continue to be the Chairman of the meeting until some other person is elected as Chairman as a result of the poll, and such other person shall be the Chairman for the rest of the meeting.]

Exceptions/ Modifications/ Adaptations

^1. In case of private company – section 104 shall apply ,unless otherwise specified in respective sections or the articles of the company provide otherwise. – Notification dated 5th june, 2015.

^2. In case of Specified IFSC Public Company – section 104 shall apply in case of a Specified IFSC public company, unless otherwise specified in the articles of the company. Notification Date 4th January, 2017.

Note :

1. Clarification on passing of ordinary and special resolutions by companies under the Companies Act,2013 and rules made thereunder on account of the threat posed by Covid-19.