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Director's presence in Board Meeting

zankhana Trivedi (Company Secretary) (462 Points)

20 July 2010

Can we show Director’s presence over telephone or teleconference, video conference etc??? Will it be considered as valid presence??

So far as Provisions of the Companies Act is concerned it is silent on this matter.

Regards.

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7 Replies

HARDIK (COMPANY SECRETARY NCFM (Corporate Governance )) (664 Points)
Replied 20 July 2010

Hi you are right presence through video conference or telephone is not yet valid as per companies act. May be as per new companies bill it will get recognition.

Yogesh Bhatt (Company Secretary) (475 Points)
Replied 20 July 2010

As far as I know there is no such judgement of Supreme court regarding this matter. If you see the section 174 of Companies Act 1956, It states that No.s of members "personally" present (Quorum). though this section not directly related to Board meetings still for understanding legislative intent it can be helpful.

As per the current Companies Act, physical presence is mandatory for quorum of meeting.

But the wait is over as the Companies Bill 2009 has provisions for video conference meetings too. Please refer Sec 154 of proposed bill.

Regards.

vivek (CS) (751 Points)
Replied 20 July 2010

Till date the presence through tele or vido confrencing is not recokned for quorum.

Regards,

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 20 July 2010

Originally posted by : zankhana joshi
	Can we show Director’s presence over telephone or teleconference, video conference etc??? Will it be considered as valid presence??

NOT POSSIBLE !!!

rohit (CA Finalist) (480 Points)
Replied 21 July 2010

exactly not possible in the light of co. act....

and moreover ankur sir have confirmed.....

Shruti Chawla (CS) (258 Points)
Replied 21 July 2010

Not possible!!

Nitin Grover (CS) (1228 Points)
Replied 21 July 2010

Originally posted by : HARDIK
	Hi you are right presence through video conference or telephone is not yet valid as per companies act. May be as per new companies bill it will get recognition.

agree

ya it will be allowed in Comapnies Act, 2009