LIVE GST Certification Course by CA Arun Chhajer begins 27th April. Register Now!!

Board meeting practical issues

Law Aspire (CS) (755 Points)

29 August 2018

What are the provisions with respect to Holding of Board Meeting at a Shorter notice as per Companies Act,2013 and Secretarial Standards? Do the provisions of the Act and standard Conflict with each other?

What are the reasons due to which Board meeting is validly adjourned, What are the consequences of adjournment of Board Meeting as per the Companies Act,2013 and SS-1?

Reply
Follow
Share

2 Replies

Ruchika Somani (Coaching and Practice in Tax Audit Law.) (4429 Points)
Replied 29 August 2018

u/s 173(3) meeting of the Board may be called at shorter notice to transact urgent business subject to the condition that at least one independent director, if any, shall be present at the meeting: Provided further that in case of absence of independent directors from such a meeting of the Board, decisions taken at such a meeting shall be circulated to all the directors and shall be final only on ratification thereof by at least one independent director, if any.

u/s 174 Where a meeting of the Board could not be held for want of quorum, then, unless the articles of the company otherwise provide, the meeting shall automatically stand adjourned to the same day at the same time and place in the next week or if that day is a national holiday, till the next succeeding day, which is not a national holiday, at the same time and place.

Law Aspire (CS) (755 Points)
Replied 29 August 2018

Originally posted by : Ruchika Somani
	u/s 173(3) meeting of the Board may be called at shorter notice to transact urgent business subject to the condition that at least one independent director, if any, shall be present at the meeting: Provided further that in case of absence of independent directors from such a meeting of the Board, decisions taken at such a meeting shall be circulated to all the directors and shall be final only on ratification thereof by at least one independent director, if any. u/s 174 Where a meeting of the Board could not be held for want of quorum, then, unless the articles of the company otherwise provide, the meeting shall automatically stand adjourned to the same day at the same time and place in the next week or if that day is a national holiday, till the next succeeding day, which is not a national holiday, at the same time and place.

In the register of attendance and in the minutes we have shown the presence of independent director.
This is enough for calling meeting at shorter notice or any other document will be required to be signed by the Directors?