09 November 2011
If a board meeting of public company was adjourned due to the want of quorum then what will be the quorum for an adjourn Board Meeting.
In case of our company total strength of the board is 10 so requsite quorum is 4 directors. what will be the quorum for the adjourn board meeting, if only two directors present in the meeting can constitute requisite quorum.
09 November 2011
sir as per the provisions of sec 288 of the companies act 1956 "if in the adjourned meeting the quorom is not present within half hour of scheduled time the members present shall constitute the quoram"
so in above case present two director considered as quoram for adjourned board meeting
10 November 2011
In your case proviso to section 287(2) is not applicable bcoz you have enough number of dis-interested directors but the issue is they are not present at the board meeting.
So as per my opinion 2 directors would not form sufficient quorum.
In your adjourned board meeting section 287(1) will apply just like in your original BM.