Board meeting

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

18 September 2013 The articles of association of Excellent Results Ltd. provide that a meeting of the
Board of directors shall be held at 2.00 PM on the last Friday of every quarter ending on
30th June, 30th September, 31st December and 31st March every year. Relying on the said
provisions, the company did not send notices to the directors in respect of a Board meeting held on Friday, the 28th December, 2012. Some of the directors have questioned the validity of the Board meeting on the ground that separate notices have not been sent to directors. Advise the Chairman.

Ajay Mishra

Ajay Mishra (Expert)
Follow

18 September 2013 I think it will be contradictry of the provision of Table A.

Read the provision of section 9 of the Companies Act, 1956.

Message likes : 1 times

Querist : Anonymous

Querist : Anonymous (Querist)

18 September 2013 But as per case law Arunachalam chettiar Firm VS. Kalesswara Mills Ltd. sepaarate notices are not required as the objective of notice to Board of Directors is to indicate the Date, Day & time and it is already provided in AOA.

Ajay Mishra

Ajay Mishra (Expert)
Follow

18 September 2013 Yes you can provide it but you will also have a liberty to call Board Meeting except the date mentioned in AOA.

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now