20 August 2009
For a Listed concern If there is change in Other Object Clause of the Company and the company wants to adopt that object after the change. Can we get the Board resolution passed by circulation instead of calling a Board meeting and then start the Postal ballot process.
Kindly appreciate in your case postal ballot is mandatory as desired by Section 192A of the Companies Act, 1956 as you are going to change your object clause.
Regarding board meeting I would like to say that any resolution of board may be passed by circulation under section 289 of the companies act, 1956 by complying with the provisions of section 289.
Further section 192A and 289 are different sections.