Holding of board meeting of small co. under cos act, 2013

Companies having paid up capital Rs. 50 lakhs or turnover as per last Profit & Loss Account Rs. 2 crores will be called as "Small Company" other than public company.

Small Company is required to hold minimum 2 board meeting in a year in such a way that atleast one meeting of the Board of Directors has been conducted in each half of a calender year and the gap between the two meetings is not less than ninety days.

Whether Small Company can hold  more than 2 board meeting  in a year and gap between two board meetings will be less than ninety day just like other than Small Company.

Example: A Pvt. Ltd. being a Small Company filed its Board Resolution for MBP-1 with ROC on 24.06.2014 holding its board meeting on 28.05.2014 through MGT-14. But the said Co. wants to hold board meeting for approval of accounts on 06.08.2014 for which it is required to file MGT-14 with in 30 days from holding board meeting. My quarry is whether this small company can do so? Will there be any violation of provision of Section 173 (5) Companies Act, 2013?

Thanks in advance.

 

    

Replies (9)

The Act has prescribed minimum number of Board meetings and not maximum number.  You can even have several Board meetings in a day.

 

Thank you, Sir. As per my example, A Pvt. Ltd. Co, can hold board meeting on 06.08.2014 for approval of accounts. 

Respected Sir/ Madam,

If a small company has hold two board meetings till june , one in 14 january and other in 14 June then can it hold a board meeting in september for approval of financial statements even if the gap between the last board meeting and the meeting to be hald in september is less than 90 days...?

Is it necessary that always the gap between two board meetings of small company must be less than 90 days?

Hi nidhi,

 

the gap should not be more than 120 days and not 90 days.....

Thanks vandana Madam for your prompt reply.

It means a small company can hold board meeting in September provided the gap between the last board meeting and the meeting to be held is not more than 120 days.

Or in other words  there is no maximum limit for board meetings in a small company, only there must not be gap of more than 120 days.

Hi nidhi,

 

the gap should not be more than 120 days and not 90 days.....

Thanks vandana Madam for your prompt reply.

It means a small company can hold board meeting in September provided the gap between the last board meeting and the meeting to be held is not more than 120 days.

Or in other words  there is no maximum limit for board meetings in a small company, only there must not be gap of more than 120 days.

Thanks vandana Madam for your prompt reply.

It means a small company can hold board meeting in September provided the gap between the last board meeting and the meeting to be held is not more than 120 days.

Or in other words  there is no maximum limit for board meetings in a small company, only there must not be gap of more than 120 days.

but it is prescribed in act that gap should not be less than 90 days? Can anyone explain

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