02 March 2010
Can notice to the directors for Board meeting can be send throu Email, fax etc.even if Articles of assossciation are silent to this? If No then what is the mode of sending the notice
02 March 2010
Section 286 requires that the notice of the Board Meeting shall be given in writing to the Director for the time being in India. A notice by e-mail or fax would be deemed to be a notice in writing and hence valid.
02 March 2010
The Institute of Company Secretaries of India has,through its secretarial standard-1,suggested service of notice by e-mail or any other electronic mode also.
Notice send by fax will be an adequate notice. Citation:- Ferruccio Sias Vs. Jai Manga Ram Mukhi (1998) 93 Comp.Cas 750(Del).
03 March 2010
I too agree but Company's act has not specify any mode. query is that if AOA is Silent to mode of sending notice to directors for board meeting and then notice is sent throu electronic mode, then is it valid?
03 March 2010
Yes it is valid. But if Directors do not agree with the same. than you can select either through hand delivery, if possible or thorough post
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