Section 287
This query is : Resolved
BHATT BHAGYASHREE B.
(Querist)
12 January 2012
There are 12 Directors in a Company. There is a provision in AoA that quorum required for B.M. would be min. 5 directors but applying provisions of section 287 min quorum required would be 4. Now, if any resolution has been passed in presence of 4 directors then will it be a valid resolution??
CS Ankur Srivastava
(Expert)
12 January 2012
In this case Articles are to be amended and provision of 1/3rd or 2 is to be incorporated in the Articles.
Because section 287 does not provides that Articles can provide otherwise.
Otherwise, any business transacted without quorum is not valid.
Because section 287 does not provides that Articles can provide otherwise.
Otherwise, any business transacted without quorum is not valid.
12 January 2012
Agree with expert.
Make amendment in Articles by make correction in relevant clause.
Because provison of sec 287 prevail over the articles.
Make amendment in Articles by make correction in relevant clause.
Because provison of sec 287 prevail over the articles.
Charu Srivastava
(Expert)
12 January 2012
It is open to the Company to indicate by its articles higher not lower number in constituting Quorum.
Amrit Kaur Puri vs Kapurthala flour oil& General Mills Co. P Limited.
Amrit Kaur Puri vs Kapurthala flour oil& General Mills Co. P Limited.
13 January 2012
Charu is correct, Articles provide for more than statudtory limit but not lessr than.
Jiten Gupta
(Expert)
13 January 2012
Agree with Charu.
AOA may provide for hogher number but not lower then limit specified in section 287.
AOA may provide for hogher number but not lower then limit specified in section 287.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Tax on Amount transferred in HUF Account
- WRONG GSTR7 ENTRIES ACCEPTED ERRONEOUSLY
- Nursery business
- GST input credit on commercial property
- GST REFUND ISSUE ON PURCHASE OF PLANT AND MACHINERY
- Working on Gold wastage during Melting of old gold jewellery
- TDS on Dashcam rent and allied services
- Intimation under section 245
- HOW TO ADJUST CREDIT NOTE AMOUNT ?
- Urd purchase entry in tally prime
- Subject: Legal Remedy for Removal of Income Tax Demand for AY 2024–25 – Charitable Trust
- Expert Help Required for TDS Refund 100000 Through TRACES – AY 2022–23
- IMPORT PURCHASE ENTRY PASSED IN BOOKS OF ACCOUNT
- FAST DS 26 Undisclosed Foreign Asset Disclosure Scheme 2026
- Regime change
- Tally: Imported bank entries do not show up in manual reconciliation
- Sales of goods of amount Rs97 lakhs to a party
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
- FAST-DS 2026 Under Tax Law - No recourse or support for person declaring via this scheme?
- Guidance Needed: Linking Multiple Form 26QB Payments and Responding to ITD Defaulter Notice
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
