Section 287
This query is : Resolved
12 January 2012
There are 12 Directors in a Company. There is a provision in AoA that quorum required for B.M. would be min. 5 directors but applying provisions of section 287 min quorum required would be 4. Now, if any resolution has been passed in presence of 4 directors then will it be a valid resolution??
12 January 2012
In this case Articles are to be amended and provision of 1/3rd or 2 is to be incorporated in the Articles.
Because section 287 does not provides that Articles can provide otherwise.
Otherwise, any business transacted without quorum is not valid.
Because section 287 does not provides that Articles can provide otherwise.
Otherwise, any business transacted without quorum is not valid.
12 January 2012
Agree with expert.
Make amendment in Articles by make correction in relevant clause.
Because provison of sec 287 prevail over the articles.
Make amendment in Articles by make correction in relevant clause.
Because provison of sec 287 prevail over the articles.
12 January 2012
It is open to the Company to indicate by its articles higher not lower number in constituting Quorum.
Amrit Kaur Puri vs Kapurthala flour oil& General Mills Co. P Limited.
Amrit Kaur Puri vs Kapurthala flour oil& General Mills Co. P Limited.
13 January 2012
Charu is correct, Articles provide for more than statudtory limit but not lessr than.
13 January 2012
Agree with Charu.
AOA may provide for hogher number but not lower then limit specified in section 287.
AOA may provide for hogher number but not lower then limit specified in section 287.
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