Sec. 285 & 288

1335 views 3 replies

Hello friends,

As per Section 285 of the Companies Act, 1956 the Company can conduct and convey its Board Meeting even on public holiday also and;

As per Section 288 If the Board Meeting adjorned for want of quaram it shall be adjoured sine-die, and the day of adjourend meeting is public holiday in that case the adjourned meeting shall be held on next day which is not a public holiday.

So I seek the logic behind this controversy i.e. why the sec. 285 allows to board to convey the board meeting on public holiday and why sec. 288 dosent allow to held on public holiday?

 

Replies (3)

See like there is a provision in Sec 166 for AGM there is no such provision for BM that it shud nt take place on public holiday

Now mark words of Sec 288 "if meeting could not be held for want of quorum then it should be adjourned and if it hapnes to be public holiday it shud be on nxt day unless the article otherwise provides.

Now in two in coases adjourned BM can be hald on public holiday

1. When board voluntarily adourns the meeting(not bcoz of want of quorum) to a day which happens to be public holiday

2. When BM cud nt b hald fr wnt of quorum and it is mentioned in the articles the day of convening of Adjourned meeting and it happens to be public holiday then it will be held on that day only.

Now logic, what i undrstand is, in board shareholders are not allowed and board themshelves have to convene the meeting so it dsnt matter waht the time and place is if requisite no. of directors are there meenting can be held.

But Sir, Sec 288 specifically says that " on same time and place"

It also says unless otherwise articles provide.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
29 June 2026
ACCOUNTANT

SANDEEP AASHISH & CO

Araria

B.Com

View Details
Company
ARTICLESHIP 24 June 2026
ARTICLE ASSISTANT

BHUPINDER SHAH AND COMPANY

New Delhi

CA Inter

View Details
Company
12 June 2026
Accounts & Taxation Executive

Winshine Financial Services

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 30 June 2026
Article Assistant or Paid Assistant

VIKAS VERMA & CO

New Delhi

Others

View Details
Company
24 June 2026
Chartered Accountant

CA Darshita Shah & Co

Nadiad

CA

View Details
Company
ARTICLESHIP 20 June 2026
Articleship

RB KESHRI & CO

Mumbai

B.Com

View Details
Company
ARTICLESHIP 08 June 2026
Internal & Taxation Article

O P Bagla & Co LLP

New Delhi

CA Inter

View Details
Company
25 June 2026
AUDIT MANAGER

JDAS & ASSOCIATES

New Delhi

CA

View Details