06 October 2014
Can board meeting held on Sunday as per the companies act 2013 and what the length of notice from the board meeting and the AGM ? please clear and the in which section it is describe ?
18 July 2024
Yes, under the Companies Act, 2013, board meetings can be held on any day, including Sundays and public holidays, unless otherwise restricted by the company's Articles of Association. There are no specific provisions in the Companies Act, 2013 that prohibit board meetings from being held on Sundays or specify particular days for holding board meetings.
### Notice Period for Board Meetings: - **Section 173(3)** of the Companies Act, 2013 governs the notice period for board meetings. It stipulates that the notice for convening a board meeting must be given in writing to every director at least seven days before the date of the meeting. However, shorter notice may be given in certain urgent situations with the consent of at least one independent director, if any, and all the directors.
### Notice Period for Annual General Meetings (AGM): - **Section 101(1)** of the Companies Act, 2013 mandates that the notice for an AGM must be sent to all members, directors, and auditors of the company at least 21 days before the meeting date. The notice must specify the date, time, and venue of the meeting.
### Important Points to Consider: - **Company's Articles of Association**: It's crucial to check the company's Articles of Association to ensure there are no specific provisions restricting board meetings on Sundays or public holidays. - **Quorum**: For both board meetings and AGMs, quorum requirements must be met as per the company's Articles of Association. Quorum typically involves a minimum number of directors or members required to be present for the meeting to be valid. - **Consent and Agreement**: While holding a board meeting on Sunday is permissible, practical considerations such as the availability and consent of directors should be taken into account.
In summary, board meetings can indeed be held on Sundays under the Companies Act, 2013, as long as the notice period requirements and other procedural formalities are duly followed as prescribed by the Act and the company's Articles of Association.
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