LAW query

1132 views 11 replies

I am facing problem with practical understanding of section 287.

Plz help.

Replies (11)

Another question in context with Sec 287

Required quorum = 4 directors

Present directors = 4

After one resolution is passed, one of the 4 directors leaves the Board meeting.

The board meeting in such a case will be VOID for the want of quorum, but what about the resolution which was passed with 4 directors present?

The resolutions which are passed with requisite quorum will be valid. if there is no quorum to pass any resolution, the meeting should be adjourned to nextweek same day, same time. if any resolution passed without quourm will be invalid

ravi is right

Yes agree.

 

Resolutions passed in complete quorum would be considered as valid and after that the meeting would be adjourned, unless Articles ortherwise provide, till the next week same day same place and remaining items of agenda would be considered on that day and all of that would be properly recorded in the minutes book.

Yes , Thats right.

 

Kannan

I am confused...

The experts advice differ....

check the link

/experts/law-491560.asp

ankit plz see d NOV. 2008 paper question no 3a

@ Pooja   Thankx a lot...

As per the answer in the suggested answers issued by ICAI the one resolution with 4 directors is valid and others are void.

@  ravindranth, Dixit, CS Ankur Srivastava, Iyappankannan Thanx alot


I have a new query relating to the board meeting chapter only.

A board meeting could not be held for want of quorum and thereafter it was adjourned to next week, same time, place. At the adjourned meeting also, the requisite quorum was not present. What to do now?

 - adjourned meeting  not to  be held when the requisite quorum was not present. [ MAHARANI YOGESHWARI KUMARI v LAKE SHORE PALACE HOTEL pvt ltd. (1995) ]

if AOA provide then bod appoint d additional director 4 d complete quorum ..

ankit see d munish bhandari sir's book..u'll clear ur doubt,

Thanks dear 

but this question is in the practise mannual (page no 11.12) and the answer there is quite complicated.

 Your point that adjourned BM also requires a quorum is right but the question here is a bit different I guess? 

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