Board Meetings through video conferencing / teleconferencing

Meetings 32166 views 5 replies

Can you please comment of the following with respect to Board Meetings through video conferencing / teleconferencing:

 

Does the present Companies Act, 1956 recognize holding of Board Meetings through video conferencing or other electronic means?

 

Participation in meetings by video conference is not considered for quorum of the meeting - true or false?

The convening of Meeting by an Electronic mode is just recommended in New Companies Bill, which does not come in to force till now..So the meeting cannot be convened by electronic mode until and unless New Companies Bill come in to force. – Any feedback

 

The status of new the Companies Bill, 2009 and any forecast as to when this will be passed.

 

In case, teleconferencing is also allowed along with Video Conferencing, there could be difficulty in identifying the person in case of teleconferencing and saying with certainty that voice is that of a Director (comment by FICCI)

 

The participation of directors in a meeting of the Board may be either in person or through video conferencing or such other electronic means, as may be prescribed, which are capable of recording and recognizing the participation of the directors and of recording and storing the proceedings of such meetings: (a) provided that the Central Government may, by notification, specify such matters which shall not be dealt with in a meeting through video conferencing or other electronic means.

 

What is the impact on infrastructe for SME ccompanies ?

 

Thanks for your time and support.

 

Regards

 

Muthu

Muthu.muthu @ gmail.com

Replies (5)
Dear Sir, 1. Yet the BM through Video Confrencing and Teleconfrencing is not allowed. So any presence through this media will not be recokned for quorum under the Companies Act, 1956. 2. But as far as my view is concerned if you are having the quorum personaly present in BM then why not to pursue other directors (who are unable to attend BM due to distance or any other cause) to attend the meeting through confrencing, so that their participation can be recognised. 3. No one can ay with certainity when the Co. Bill will be passed and implemented. 4. This is not very cotly affair, normally every company is having video confrencing facility. Regards,

Please have a glance at this post:

/forum/board-meeting-through-electronic-mode-36354.asp?1=1&offset=1

Thanks Vivek and Ankur for the clarifications. 

Can a pvt limited company have, by its artciles, board meetings only by physical presence? (Even assuming the Companies Bill 2009 gets passed)

No, AOA can not prevail over the Companies Bill, 2009

For your knowledge purpose:

In case of Clashes amongst various Laws, Who will supersede

General Matters:

(1)   The Companies Act, 1956 and Others

The Companies Act, 1956 will prevail

Contract Matters:

(1)   Companies Act, 1956 and The Contract Act, 1872

The Contract Act, 1872 will prevail.

Bye-Laws of the Company Matters:

(1)   The Companies Act, 1956 and with AOA and/or Table A

The Companies Act, 1956 will prevail

(2)   AOA and Table A

AOA will prevail


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