06 May 2015
Query: where in a company, min. No. Of directors as per AOA of a company is provided as 6 , but if it falls to 4 . Can a board meeting be conducted by that co. Or not?whether that board meeting be valid as per act?
15 May 2015
Check the provision of AOA relting to quorum.
In absence of any specific provisions, The provisions as to number of directors are mandatory and any business transacted after the number of directors fell below the statutory minimum was held to be invalid
Where the minimum number of directors are 6,but only 4 directors were appointed, a resolution passed by 4 directors was held to be invalid, though two directors were sufficient to form a quorum