Notice of board meeting

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

30 July 2013 We have sent notice of the Bord Meeting to all the 8 directors through mail as a practice. One of the directors (Mr. A, nominee of B Co. Ltd.) has not received the notice due to recent changes in his emil id. Can he claim the Board Meeting as void? Board Meeting took place and all other directors were present including other nominee directors from B Co. Ltd.

Ajay Mishra

Ajay Mishra (Expert)
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30 July 2013 Hi

After sending notice, through email/electronic mode, you should confirm from the director that the mail have been received or not. Before conducting the meeting you should confirm the availability of such director.

It is the responsibility of chairman or company secretary of the meeting, that notice has been properly send to the directors.

Section 13 of the Information Technology Act, 2000, inter-alia provides time and place of dispatch of the notice in electronic mode, which may be applicable for the purpose of notice period provided in the Companies Act, 1956 through electronic mode. Therefore, the notice of the Board or Committee meetings may also be sent by way of email/electronically to the directors/members of the Committees.

If such director has not intimated their alternate e mail address then the company has not made any default if such director has not received notice of meeting.

The company has complied the provision of section 286.

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Charu Srivastava

Charu Srivastava (Expert)
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30 July 2013 Intimation of Board Meeting through electronic mode is recognised by the law.

As you have mailed the directors regarding the Board Meeting, you have well complied with the Act.

This is default on the part of the directors that he has not intimated you his new email id.

So no need to worry in this case.

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