Quorum for board meeting

Meetings 2401 views 14 replies

a pvt ltd co has two directors. one of director left india 6 months back and gone abroad for studies and will not be back in india for the period of next 2 years. what is the solution for compliance of sec.285 and sec. 287 except appointing an additional director. how default already committed for holding 2 meetings can be rectified?

Replies (14)

Now a days Board Meetings can be held through video confrencing, check your Articles of Association whther they permit so. Resolution by circulation may also be an option sometimes.

wait for experts views.

no vedio conferencing is not possible here as per circular quorum should also be present on table in this case also.

best option for you:-

if the director can not come to india, the indian director can go outside india within interval and rest can pass circulation,

thanks

Pass Circular resolution in this case else appoint one more director.

 

Thanks

thanks everyone...we can pass resolution by circulation once and not everytime... what to be done in suh case?

Originally posted by : Parashar

Now a days Board Meetings can be held through video confrencing,
 


It is not correct dear parashar...update yourself.

Ok Ankur Bhaiya, please update me with the current law on video confrencing.

INTRODUCTION OF E-GOVERNANCE

 

One of the feature introduced by Companies Bill, 2011 is formal introduction of the concept of E-Governance.

 

E-Governance proposed for various company processes like maintenance and inspection of documents in electronic form, option of keeping of books of accounts in electronic form, financial statements to be placed on company’s website, holding of board meetings through video conferencing/other electronic mode; voting through electronic means.

 

After the introduction of E-Governance companies can maintain its statutory registers in electronic mode and hold its board meetings through video conferencing.

I think BM could be conducted through video conference as participation through video conferencing would be counted for the purpose of quorum.

Board Meetings can be conducted through video conferencing and directors attending the meeting through such mode will also be counted for the purpose of quorum. Kindly go through the mentioned link in this respect . https://www.mca.gov.in/Ministry/pdf/Circular_28-2011_20may2011.pdf

Originally posted by : MAYURI


Board Meetings can be conducted through video conferencing and directors attending the meeting through such mode will also be counted for the purpose of quorum. Kindly go through the mentioned link in this respect . https://www.mca.gov.in/Ministry/pdf/Circular_28-2011_20may2011.pdf

  Director attanding meeting through video conferencing would be counted for quorum  

As per the above circular Board meeting can be held through Video conferencing.

However, as per para 4) point b), it states "Every Director of the company must attend the meeting of Board/committee of directors personally atleast one meeting a financial year of the company"

Hence, for the query being asked - the director MUST attend atleast one Board Meeting in a Financial Year. So video conferencing is feasible if the director gone abroad can visit India for that board meeting or the meeting be held when He/She visits India.

As per my view we also cover in section 288 of the companies act 1956 according to mentioned question

Originally posted by : Prateek Jayachandra

As per the above circular Board meeting can be held through Video conferencing.

However, as per para 4) point b), it states "Every Director of the company must attend the meeting of Board/committee of directors personally atleast one meeting a financial year of the company"

Hence, for the query being asked - the director MUST attend atleast one Board Meeting in a Financial Year. So video conferencing is feasible if the director gone abroad can visit India for that board meeting or the meeting be held when He/She visits India.


Also indian director can go abroad and we can have meeting in foreign country once in a financial year.

 

Regards


CCI Pro

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