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Microlesson · 5-min read

Voting Rights (Section 47)

# Voting Rights — Section 47

Section 47 lays down the voting rights of members holding equity and preference share capital.

## 1. Voting Rights of Equity Shareholders — Section 47(1)

Subject to Section 43, Section 50(2), and Section 188(1):

  • (a) Every member holding equity share capital has a right to vote on every resolution placed before the company.
  • (b) Voting on a poll is in proportion to his share in the paid-up equity share capital.

Special Case — Nidhi Company:

No member shall exercise voting rights on a poll in excess of 5% of total voting rights of equity shareholders.

## 2. Voting Rights of Preference Shareholders — Section 47(2)

Every member holding preference share capital has a right to vote only on resolutions which:

  • (a) Directly affect the rights attached to his preference shares; and
  • (b) Relate to the winding up of the company, or repayment or reduction of its equity or preference share capital.

## 3. Additional Rule — Preference Dividend Default

If dividend on preference shares has not been paid for 2 years or more, preference shareholders get the right to vote on every resolution placed before the company.

## 4. Summary

```

Voting Rights

/ \

Equity Shares Preference Shares

/ \ |

Normal DVR shares (in proportion of paid-up cap.)

| | |

On every As per --------------------

resolution AOA/ | | |

(paid-up terms of Dividend Winding Directly

proportion) issue unpaid 2 up / cap affecting

yrs or + reduction interest

resolution

```

## 5. Key Cross-References

  • Section 43 — Kinds of share capital (equity, preference).
  • Section 50(2) — Calls in advance (no voting rights on advance amount).
  • Section 188(1) — Related party transactions (interested members can't vote).

Worked example

### Example 1

Example 1: Mr. A holds 10% of paid-up equity in a Nidhi Co. Can he exercise voting rights of 10% on a poll?

Answer: No. In a Nidhi Company, no member can exercise voting rights exceeding 5% of total voting rights of equity shareholders, regardless of actual shareholding.

### Example 2

Example 2: Z Ltd. proposes a resolution to acquire another company. Mr. P holds 1,000 preference shares. Can he vote?

Answer: No. Acquisition does not directly affect the rights attached to preference shares, nor is it a winding-up/capital-reduction resolution. Mr. P cannot vote.

### Example 3

Example 3: Z Ltd. has not paid preference dividend for 3 years. A resolution to alter the Articles is placed. Can preference shareholders vote?

Answer: Yes. Where preference dividend is unpaid for 2 years or more, preference shareholders acquire the right to vote on every resolution placed before the company.

⚠️ Common exam mistakes

  • Assuming preference shareholders always have voting rights — they have restricted rights, except after 2 years' dividend default.
  • Forgetting the 5% cap on Nidhi Company voting rights.
  • Confusing voting on show of hands vs poll — Section 47(1)(b) speaks of poll voting being in proportion to paid-up equity.
  • Overlooking that Section 47 is subject to Sections 43, 50(2), and 188(1) — e.g., an interested member in an RPT cannot vote.
  • Believing DVR shareholders vote in proportion to paid-up capital — their voting depends on AOA / terms of issue.
Bare-Act text Section 47 · Companies Act, 2013 · click to expand
Section 47(1): Subject to the provisions of section 43, sub-section (2) of section 50 and sub-section (1) of section 188, every member of a company limited by shares and holding equity share capital therein, shall have a right to vote on every resolution placed before the company; and his voting right on a poll shall be in proportion to his share in the paid-up equity share capital of the company. Section 47(2): Every member of a company limited by shares holding any preference share capital therein shall, in respect of such capital, have a right to vote only on resolutions placed before the company which directly affect the rights attached to his preference shares and any resolution for the winding up of the company or for the repayment or reduction of its equity or preference share capital.
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