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Adjournment of Board meeting

vaishali singh (trainee) (395 Points)

09 April 2019

What is the frequency of the board meeting and can the adjourned board meeting be held on National holiday as per the revised standard?

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11 Replies

CA Shikha Sharma (Ceo) (3869 Points)
Replied 10 April 2019

May be its 3 to 5 days excluding another national holiday

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Chirag (Professional) (1979 Points)
Replied 10 April 2019

Frequency of board meeting is 4 in a calendar year and the gap b/w two meetings should not exceed 120 days.. (If the company is small/dormant & OPC) than one meeting in each half of Calendar Year and here gap should be more than 90 days b/w two meetings ....

No Adjourned meeting ( whether due to want of quorum or otherwise) can't be held on National holiday (26thJan/15Aug/2Oct)or any other day as prescribed by CG...

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Vijay Boliya (220 Points)
Replied 10 April 2019

Adjourned meeting due to want of quorum than not held on national holiday but other reasons held on national holiday because no bar limitations on original meeting held on national holiday so I why adjourned meeting can't held on national holiday other than one reason this is due to want quorum.

Chirag (Professional) (1979 Points)
Replied 10 April 2019

Vijay, Your question is not clear, Read the Relevant provisions of the act and Revised SS1,Whether meeting adjourned due to want of quorum or Otherwise should Not be held on National Holiday.......And don't go purely technical side.... In practice Any board meeting can't be held on National Holiday because ( Whether Original or Adjourned) Because proper workforce ( Secretarial, Technical) Is required for smooth Flow of Board meeting.........

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Vijay Boliya (220 Points)
Replied 10 April 2019

Bro first download revised SS 1 and u read carefully specially point 1.2.2 says that A Meeting may be convened at any time and place, ON ANY DAY. (it about original meeting). Ok

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Chirag (Professional) (1979 Points)
Replied 10 April 2019

I already go through Revised SS1 & guidance Notes on it. .....& If you read my reply properly, Then What I mentioned that it's not practical nor it's suggested to Call Board Meeting on National Holidays( Because Workforce is required who will assist Board to conduct and Convene it's meeting smoothly) .....Unless otherwise Calling A meeting Is urgency...... I already know that law permit to call Original Board meeting on National Holiday...Because Technically it's allowed but practically it not happened....Are you professional?

Vijay Boliya (220 Points)
Replied 10 April 2019

😂😂 We are law interpreter, not law maker, if law say yes than yes if no than no ok, yes am professional student. And who ask questions is about the law not the practical aspects. Practical aspects are different if law allow than allow. I know provision of law are practical different but some ask u what law say than only law. 😂😂 SS 1 are also not mentioned practical aspects so 😂😂 it is questions of law😁. File writ petition against CG😂

Chirag (Professional) (1979 Points)
Replied 10 April 2019

Vijay You are professional student, And I am already a Professional, Faced such type of situation already .. So OK, I don't want to Do any argue with you...If you meet any professional dignitary who is employed in large listed company, and then ask about it... Still I am retiertaing That " SS and Company law allows to hold Original Board meeting on National Holiday, But due to practical difficulties ( Which I already mentioned Like technical Failure, Non Availability of secretarial staff....) Companies refrain to Call board meeting on National holiday except certain important matters......

I give my reply as in professional capacity not as a student.....Read Not only Secretarial standard while guidenance notes issued by ICSI....

Always Maintain Professional dignity whenever reply to anyone....

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Priya Kashyap (Student) (7048 Points)
Replied 10 April 2019

@ Chirag what do you want us to know here in this platform!

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Vijay Boliya (220 Points)
Replied 10 April 2019

I apologise sir, I don't know u r professionals. Nice to meet you sir.

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Chirag (Professional) (1979 Points)
Replied 10 April 2019

No Vijay! Always Keep this passion of questioning because it's A trait which should be always in a good professional, I joined this platform in 2017 to Help sort out the Queries and be a part of Student / Professional Community ,Law is matter of lot of deliberation in which a single word can change the whole meaning, again it's implementation poses a challenge ...I give one practical insight which I faced in my employment as CS....And Priya I don't like to let anyone on this platform.... But sharing a correct knowledge is a good thing... However best wishes for your endevaours...

1 Like