Define the term quorum and explain what constitutes a quorum. What steps should a chairman take if quorum is absent or not maintained throughout the meeting?

Introduction

In the context of meetings, a quorum is the minimum number of members required to be present for the proceedings to be considered valid. It ensures that decisions made during a meeting are representative of the group and legally binding. Without a quorum, any resolutions passed may be deemed invalid.

Definition of Quorum

A quorum is the minimum number of members that must be present at a meeting to make the proceedings of that meeting valid. This number is usually specified in the organization’s rules, bylaws, or as per applicable laws.

What Constitutes a Quorum?

• The required number may vary based on the type of meeting (e.g., Board meetings, General meetings, Committee meetings).
• In many cases, the quorum is defined as one-third of the total members or a fixed number, whichever is specified.
• For company general meetings under the Indian Companies Act, 2013, quorum requirements are:
  • For private companies: 2 members personally present
  • For public companies: 5 members (if total members ≤1000), 15 members (if between 1000 and 5000), 30 members (if >5000)

Steps a Chairman Should Take if Quorum is Absent

1. Wait for the Stipulated Time:
   The chairman should wait for a specified period (generally 30 minutes) after the scheduled start time for quorum to be achieved.
2. Adjourn the Meeting:
   If quorum is still not met, the meeting should be adjourned to a later date and time as per organizational policies or bylaws.
3. Notify Members:
   Members should be informed about the new date, time, and venue for the reconvened meeting.
4. Proceed Without Quorum (if permitted):
   In some cases, especially for adjourned meetings, the rules may allow proceedings even without quorum.

When Quorum Is Not Maintained During the Meeting

• If members leave during the meeting and quorum is lost, the chairman should pause the meeting and try to restore quorum.
• If quorum is not restored within a reasonable time, the chairman must adjourn the meeting.
• Any decisions made after quorum is lost may not be valid unless specified otherwise in the rules.

Conclusion

Quorum ensures the legitimacy and fairness of meeting outcomes. The chairman plays a key role in verifying and maintaining quorum. If quorum is absent or disrupted, following the correct procedures preserves the integrity and legality of the meeting.