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Board meeting minutes

Meetings 2394 views 7 replies

Can anyone tell me that IS THERE ANY PROVISION AVAILABLE FOR NOT SHOWING THE BOARD MEETING MINUTES OR HIDING BOARD MEETING MINUTES?

Replies (7)

No there is no provision for hiding minutes in the Companies Act, rather it is an offence under the Act.

The member of the company has no right to inspect the Minutes of Meetings of the Board or any Committee thereof.

The Minutes of Meetings of the Board can be inspected only by the following

1). Directors.

2).While the Auditor or Cost Auditor of the company or Secretary in whole-time practice appointed by the    company can also inspect the Minute Books in the course of audit or certification.

3).Officers of the Registrar of Companies, or other Government or regulatory bodies duly authorised in this behalf under law, during the course of an inspection, can also inspect the Minutes.

Agreed with Ms. Srivastava above. The following people can inspect the Board minutes. Since this is the meeting of the Board of Directors and NOT the members, a member can't see/inspect the Board Meeting Minutes. However, for the sake of determining compliances, the Statutory (and to an extent, the Internal) Auditors and the RoC officials can inspect the minutes.

Many a times, for availing Working Capital loans, opening a bank account, making foreign investments, etc, Banks/FI/RBI insists on seeing the relevant Board Minutes. In such cases, just the certified extracts of Board Minutes having the relevant resolutions are given for examination and for their records.

A member can, however, inspect Board Meeting only if the Articles of Association of the Company mentions it specifically. For this, you may refer to Clause 7 of the Secretarial Standard 5.

Thankxxx frnds, but these are the provision available in companies act 

but is there any loophole in any act which empower us to hide the minutes

Thankxxx frnds, but these are the provision available in companies act 

but is there any loophole in any act which empower us to hide the minutes

Thankxxx frnds, but these are the provision available in companies act 

but is there any loophole in any act which empower us to hide the minutes


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