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Adjournment of board meeting

Khushboo Maheshwari (Company Secretary) (548 Points)

24 June 2009

Section 288 says that If a meeting of the Board could not be held for want of quorum, then, unless the articles otherwise provide, the meeting shall automatically stand adjourned till the same day in the next week, at the same time and place, or if that day is a public holiday, till the next succeeding day which is not a public holiday, at the same time and place.

So is it compulsory to hold meeting in next week or any other date can be provided in the notice of adjournment of meeting due to want of quorum

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11 Replies

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 24 June 2009

Hi,

I think you miss the line mentioned in the section itself==="unless the articles otherwise provide" which means such adjourned BM may be convened at any suitable time as per the AOA provisions.

So it is not compulsory to hold meeting in next week and any other date can be provided in the notice of BM.

Regards

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Khushboo Maheshwari (Company Secretary) (548 Points)
Replied 24 June 2009

Originally posted by :Ankur Garg
"	Hi, I think you miss the line mentioned in the section itself==="unless the articles otherwise provide" which means such adjourned BM may be convened at any suitable time as per the AOA provisions. So it is not compulsory to hold meeting in next week and any other date can be provided in the notice of BM. Regards	"

but what if the articles are silent

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 24 June 2009

If your Articles are silent then in that case you have to follow the mandate given by Section-288 and convene your Adjourned BM accordingly.

Alternatively for present and future course of action you may amend your AOA accordingly.

Best Regards

Ajay Mishra (Company Secretary) (74337 Points)
Replied 24 June 2009

Adjournment of meeting for want of quorum

A company may by its articles makes its own provision as regards adjournment for want of quorum.

Sub-section (1) does not say what is to become of the adjourn meeting, if there be no quorum at the meeting also.

If your articles silent on that matter then u must hold the adjourned meeting on the next week on the same day, at the same time and place or if that day is a public holiday, till the next succeeding day which is not a public holiday, at the same time and place.

Best Regard

Khushboo Maheshwari (Company Secretary) (548 Points)
Replied 24 June 2009

Originally posted by :Ajay Mishra
"	Hi Adjournment of meeting for want of quorum A company may by its articles makes its own provision as regards adjournment for want of quorum. Sub-section (1) does not say what is to become of the adjourn meeting, if there be no quorum at the meeting also. If your articles silent on that matter then u must hold the adjourned meeting on the next week on the same day, at the same time and place or if that day is a public holiday, till the next succeeding day which is not a public holiday, at the same time and place. Best Regard	"

Is it not possible to issue a notice of adjournment of meeting to all directors and further mention that the next date of adjourned meeting would be intimated shortly, is not enough

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Ajay Mishra (Company Secretary) (74337 Points)
Replied 24 June 2009

Section 288 specially deal with meeting adjourned for want of quorum and the company can issue notice of adjourned meeting if your company’s article provide such clause otherwise u must hold the adjourned meeting on the next week on the same day.

ACS_RR (Service) (58 Points)
Replied 25 June 2009

But sir....If the available members decide the next day of the Adjourned Meeting ...which may be 1 day after the date fixed under the section...wont that do?????