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Quorum board meeting

puja priya (company secretary) (21 Points)

30 August 2020

when a board meeting could not be held for quorum and is adjourned and the adjourned meeting is held subsequently , it shall be deemed that the Board meeting was held on the date when the original meeting held but the resolution duly passed at adjourned meeting shall be treated to have been passed on the date when it was in fact passed and not on any earlier date?

Pl. clarify?

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3 Replies

CA Amrita Chattopadhyay (Audit & Assurance) (13134 Points)
Replied 31 August 2020

The resolution of the meeting has to be passed on the date the meeting was held.

Sejal Kesharwani (26 Points)
Replied 01 September 2020

Resolution passed at subsequent meeting shall me

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Naman Gang (student) (45 Points)
Replied 04 September 2020

As per Section 173, if a board meeting is adjourned due to absence of Quorum and the adjourned meeting is held subsequently, then it shall not be deemed that it was held on orignal meeting's date. It is because adjourned meeting is a continuation of original board meeting and not the original meeting. If adjourned meeting is held then it means the original meeting was also held on its date & there is no contravention of provisions of Section 173.

And there is no provision of retrospective effect of Board resolutions and hence they will take effect from date of their passing, i.e., Date of Adjourned Meeting.