Adjourned board meeting

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Nikita Agarwal (Querist)
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21 February 2014 What should happen if the day specified in the articles for an adjourned board meeting accidentally happens to be a public holiday?

sarthak patel

sarthak patel (Expert)
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22 February 2014 According to section 288 of companies act 1956, if a meeting of the board cpuld not held for want of quorum, then unless the articles othewise provides, the meeting shall automaticlly stand adjorned till same day in the next week, at the same time and place, or if that day is a public holiday till next succeeding day which is not a public holiday, at same time and place.
It implies that original board meeting can take place on a public holiday, but not adjorned board meeting

Ashok Mehta

Ashok Mehta (Expert)
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22 February 2014 The Companies Act, 1956 is not clear in case the day of Board Meeting happens to be a holiday. However as per A. ramaiya's Guide to Companies Act, the Board meeting shall as far as possible, be held on a day which is not a public holiday. This book had quoted certain case laws supporting this view. You can google or ask a practising CA about A. Ramaiya's book and what relevance it holds among professionals. On the contrary, AGM shall be held only on a day which is not a public holiday. This implies the Act is pretty clear about members meeting.

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