Board meeting

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Vineet (Querist)

02 July 2015 Hello Sir/ Mam

I have to appoint a director in a company. But I have already appointed a director in that company on 29/05/2015.

According to Law minimum 90 days gap is required between two Board Meetings.

Is any solution to appoint the next director? I need to appoint that director now. I can't wait for 90 days.

Ankur Garg

Ankur Garg (Expert)

06 July 2015 You are misinterpreting the provision of section 173. The gap between 2 board meetings should not exceed 120 days which means you can have any number of board meetings in a company. Kindly check the provision again and hold board meeting to appoint new director as additional director.

Revert if there is any doubt.

Thanks

Ankur Garg

Ankur Garg (Expert)

06 July 2015 Check the link below for Procedure for appointment of Additional Director in CA 2013:

https://www.caclubindia.com/articles/procedure-for-appointment-of-additional-director-in-ca-2013-20653.asp

Hope that the same would be of some help.

Thanks

Vineet

Vineet (Querist)

08 July 2015 Sir but I am talking about small companies and for small companies provision is below-

One person Company, Small company and Dormant company:

At least one meeting of Board of directors in each half of calendar year
Minimum Gap B/W two meetings at least 90 days.

Can you give me the solution according to this provision.

Vineet

Vineet (Querist)

14 July 2015 Please reply any body who knows about this provision.

Vineet

Vineet (Querist)

14 July 2015 Sir but I am talking about small companies and for small companies provision is below-

One person Company, Small company and Dormant company:

At least one meeting of Board of directors in each half of calendar year
Minimum Gap B/W two meetings at least 90 days.

Can you give me the solution according to this provision.

Pratik Shah

Pratik Shah (Expert)

18 July 2015 Mr. Ankur rightly said. You are still misinterpreting the provisions.
Please read this again.

(5) A One Person Company, small company and dormant company shall be deemed to
have complied with the provisions of this section if at least one meeting of the Board of
Directors has been conducted in each half of a calendar year and the gap between the two
meetings is not less than ninety days:

Pratik Shah

Pratik Shah (Expert)

18 July 2015 Company can have as many board meetings as it wants.

Ankur Garg

Ankur Garg (Expert)

20 July 2015 Agree with Mr. Shah.

Intention of law is not and cannot be -- to restrict number of board meetings in a particular for any company.

Thanks

Vineet

Vineet (Querist)

22 July 2015 Ok Sir Thanks now its clear

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