quorum of Board Meeting

This query is : Resolved

jayesh sharma (Querist)
Follow

24 June 2011 Section 288 of the Companies Act

(1) If a meeting of the Board could not be held for want of quorum, then, unless the articles otherwise provide, the meeting shall automatically stand adjourned till the same day in the next week, at the same time and place, or if that day is a public holiday, till the next succeeding day which is not a public holiday, at the same time and place.

(2) The provisions of section 285 shall not be deemed to have been contravened merely by reason of the fact that a meeting of the Board which had been called in compliance with the terms of that section could not be held for want of a quorum.

Articles of the Company

117. (1) The Board of Directors may meet for the dispatch of business, and adjourn and otherwise regulate its meetings, as it thinks fit

Meeting

(2) A Director may, and the manager or secretary on the requisition of a Director shall, at any time, summon a meeting of the Board

Facts:

Total No. of Directors: 10
Quorum: 4
Date of board meeting: 25th June, 2011
No .of Directors who can attend the Meeting: 3

Possible Solution:

In the Above case is it Possible that the three directors meet on the scheduled time and adjourn the meeting for 2 hours or so (because Articles authorize) and meet again and conduct the meeting. Section 174 provides for the general meeting, so can we apply the same if Section 288 is silent. Further it is not possible for any other director to attend via video conferencing.

kindly help.

Saroja

Saroja (Expert)
Follow

24 June 2011
my view
3 director now enough for conduct., those members who are present shall be quorum and may transact the business for which the meeting was called.