03 December 2010
As per section 285, board meeting should be held once in three months.
Company x is an unlisted public company. The quorum for Board meeting as per articles is 4. The directors are unable to meet this quarter till 31.12.2010.
Now the query is can 2 directors meet and adjourn the meeting for want of quorum to next month ie Jan. Is yes, will this (original) meeting be counted as Board meeting for complying section 285
Yes the 2 Directors can meet and adjourn the BM for want of quorum. Your case will not be treated as violation of the provisions of section 285 of the Companies Act, 1956
CAclubindia
