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Board meeting

vaishali singh (trainee) (395 Points)

03 November 2018

what would be the date of the board meeting when last board meeting was held on 13 July is it 10th or 11th November.

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11 Replies

Vibha Trivedi (437 Points)
Replied 03 November 2018

It will be 11th November.

vaishali singh (trainee) (395 Points)
Replied 03 November 2018

how that will 121th day even if 13th July is excluded

Neel Parikh (105 Points)
Replied 03 November 2018

Keep Board Meeting on or before 10th November.

2 Like

santhisundaramg (articledassistant) (434 Points)
Replied 03 November 2018

Board meeting date depends on type of a company.

if it is a small company/ OPc, it can be convened once in 6months.

private and other companies within 120 Days

Happy Bani (20 Points)
Replied 03 November 2018

It shall be on 10th November or before.
As per the provission there shall be 4 Board Meeting in a year and it shall dosen't have gap more than 120 days.

vaishali singh (trainee) (395 Points)
Replied 04 November 2018

exactly note more than 120 days as such the meeting on 11 is with the gap 120 days which is not exceeding 120 days

Vibha Trivedi (437 Points)
Replied 04 November 2018

Hi Vaishali,

My reply to the query was based on the interpretation of term 'intervene' the literal meaning of which is "come between two events"

The language of Section 173(1) is "not more than 120 days shall intervene between two consecutive meetings of board of directors"

I interpret is as" there should not be a gap more than 120 days between two consecutive meetings of board of directors"

If one board meeting held on 13th July the next board meeting can be held on 11th November as there are 120 days intervening or coming between two consecutive meetings of Board of Directors.

One Board Meeting------120 Days-------Second Board Meeting.

Please let me know whether my interpretation is justified or not.

One more thing "Is it correct to say that Board Meeting should be held within 120 days of the previous board meeting"

vaishali singh (trainee) (395 Points)
Replied 04 November 2018

your interpretation was correct on board meeting to be held on 11 November but the language of section talks about gap between two consecutive meeting not the day of the meeting.it can be dealt by assuming two destination points from A to B at a distance of 120 days

Vibha Trivedi (437 Points)
Replied 04 November 2018

Exactly Vaishali

Vijay Boliya (220 Points)
Replied 05 November 2018

As per section Section 173 gap between two meeting not more than 120 days so 18(31-13)+31+30+31+10=120 so 10th November

Vibha Trivedi (437 Points)
Replied 05 November 2018

Sir, If meeting is held on 10 November, the gap between meetings is of 119 days and if meeting is held on 11 November, the gap is of 120 days.

One Board Meeting----120days---- Second Board Meeting