Byelaws adoption

Querist : Anonymous (Querist) 04 March 2025 This query is : Resolved
Dear Sir,
In our AGM we passed a resolution to adopt new byelaws but since then five months have passed so do we need to hold SGM to reconfirm approval of the members? Please guide.

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Quick Summary

A resolution passed at an AGM to adopt new byelaws is generally valid if proper procedures were followed, including notice, quorum, and majority vote. These byelaws must comply with company law. If approved by the required majority, they can be implemented immediately. However, amended byelaws often require registration with the relevant State Registrar for full validity, and the specific type of organisation and its registration details are crucial for accurate guidance.

T. Kalaiselvan, Advocate (Expert) 04 March 2025
A resolution passed at an AGM (Annual General Meeting) to adopt bylaws is generally considered valid, as long as the proper procedures were followed during the meeting, including sufficient notice to members, a quorum being present, and the required majority vote being achieved for the resolution to pass; it is then considered a binding decision on the company and its members.
The bylaws adopted should comply with applicable company laws and regulations.

kavksatyanarayana (Expert) 05 March 2025
Yes. If the AGM has approved adopting the new bylaws as per the law in force with a majority, then they may be implemented immediately without any delay. Otherwise, you have to conduct the AGM again for this purpose, which shall be approved by the AGM.

Sudhir Kumar, Advocate (Expert) 06 March 2025
the revised by laws unless registered by registrar are not valid.

Dr. J C Vashista (Expert) 08 March 2025
When amended Bye-Laws have been passed by AGM, it is required to be submitted to concerned State Registrar of Cooperative Societies for approval, did your Society sent it to RCS ? If so, did your Society follow up ?
No subsequent AGM is required to be convened for the purpose.

P. Venu (Expert) 16 March 2025
"....Our AGM ..." Whose? What type of Society/Organisation? is it registered? If so, under which law?
Please come with the facts as well the context for the query?

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