SEC 286 of companies act

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sumit (Querist)
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02 March 2010 Can notice to the directors for Board meeting can be send throu Email, fax etc.even if Articles of assossciation are silent to this? If No then what is the mode of sending the notice

Rasesh

Rasesh (Expert)
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02 March 2010 Section 286 requires that the notice of the Board Meeting shall be given in writing to the Director for the time being in India. A notice by e-mail or fax would be deemed to be a notice in writing and hence valid.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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02 March 2010 The Institute of Company Secretaries of India has,through its secretarial standard-1,suggested service of notice by e-mail or any other electronic mode also.

Notice send by fax will be an adequate notice.
Citation:- Ferruccio Sias Vs. Jai Manga Ram Mukhi (1998) 93 Comp.Cas 750(Del).

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sumit

sumit (Querist)
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03 March 2010 I too agree but Company's act has not specify any mode. query is that if AOA is Silent to mode of sending notice to directors for board meeting and then notice is sent throu electronic mode, then is it valid?

Jagruti (CS)

Jagruti (CS) (Expert)
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03 March 2010 Yes it is valid. But if Directors do not agree with the same. than you can select either through hand delivery, if possible or thorough post

sumit

sumit (Querist)
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04 March 2010 is a director of the company is also a member

Jagruti (CS)

Jagruti (CS) (Expert)
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06 March 2010 If he holds shares of the Company and his name appears in Register of Members than only otherwise not.

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