Section 289

it is not applicable on Pvt Companies

Hi Kumar,

Privilege of Section-289 is also available to a Private Company.

One of the basic requirement of Section-289 is Minimum number of directors present in India.

“Accordingly the number of directors present in India must not be less then the quorum fixed for a board meeting.”

Tell me are you satisfying the condition mentioned above?  

Regards

Absolutely right Mr. Ankur

Yes, i fully agree with Ankur Sir.

Further as per the decided case the CLB held that the resolution is required to be sent at Foreign address as well as in usual address also.

Dear Ankur,

Thank you.Kindly confirm is it mandatory in case of foreign directors who are going to form quorum to be there in India to pass such resolution.

Best Regards,

Yes, the directors must be present in india only in order to fulfill the condition mentioned above. They may be NRI directors.