Adjournment or postponement of board meeting

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meenakshi (Querist)

21 December 2015 can a board meeting adjournment sine die ?? if yes then what is the provision of act ?? and what is the penal provision for failure to conduct of board meeting ???

CS Mitesh Mehta

CS Mitesh Mehta (Expert)

21 December 2015 Section 174(4) provides that in case the quorum is not present at the meeting then the board meeting cannot be held and will be adjourned to the same day same time and same place of the next week. In case that day is a public holiday, then to the next succeeding day which is not a public holiday. However the Article of the company can provide otherwise and in that case the AOA of the company will supersede this section.

meenakshi

meenakshi (Querist)

21 December 2015 i know that provision but i want to know if chairman refuse to convey the board meeting and said that meeting should be carried in January. in this situation board meeting can be held adjourned sine die ?? This is 4th Board Meeting in this year hence it should be held compulsorily, if it not held then what is penal provisions imposed on company ??

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