Quorum requirements - applicability of proviso to sec 287(2)

Kishan Shah (Intern I) (29 Points)

03 November 2012  

Whether proviso to sec 287(2) applicable only in case of failure to meet the provisions of section 287(2)?

For example, in a public company, where out of 9 total directors, only 3 directors were present (all of them being interested and covered u/s 300) - would it meet quorum requirements?  Applying sec 287(2) - yes.  Independent of above, proviso not applicable.

Further, what would be the case if in the above example, instead of 3 directors, 6 directors (all being interested and covered u/s 300) were present?

Many thanks,


PS: On a plain reading of the provisions, I am of the first impression that the applicability of the proviso is independent of the outcome of the application of sec 287(2)