14 April 2011
AS PER SECTION 289 OF THE COMPANIES ACT, 1956 IT IS NECESSARY TO CONFIRM THE RESOLUTION PASSED BY CIRCULATION IN NEXT BOARD MEETING BUT WHAT WILL BE THE EFFECT OF NON COMPLIANCE OF THE ABOVE RESOLUTION I.E. IF IT IS NOT CONSIDERED IN NEXT MEETING WHETHER THE RESOLUTION SO PASSED WILL BE CONSIDERED AS VALID OR NOT
14 April 2011
No.. the Resolution passed by Circulation will not be invalid merely because the same has not been noted at the ensuing BM and will be valid and effectual as if it had been passed at a duly convened meeting of BOD.
However, it is a good secretarial practice that the resolution passed by circulation should be noted at the next BM. Noting of resolution passed by circulation is required and no confirmation is required as such.
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