Tulika Agarwal (Associate) (28 Points)
02 September 2011Hi every1..
I hav a query regarding quorum of meeting... its a private limited company having 2 directors...and one proposed director for its first BOD meeting... The problem is that one director is in Germany and other one in India and the proposed addl. director is also in India. How to form quorum.... since the addl. director cannot be counted for the purpose since he is still not appointed....????
The management is not ready for Meeting through Video Conferencing........
G.L.Subhramanian
(PCS)
(206 Points)
Replied 02 September 2011
Hi Tulika,
I feel you cannot pass a resolution by circulation (which was an option available) because the draft resolution should be sent to directors in India, the number of which should not be less than the directors for the purpose of Quorum.
Therefore, the director in Germany should attend the meeting here in person or through video conferencing.
Regards,
Subbu
SkDash
(CS (Member) CWA (Final))
(909 Points)
Replied 02 September 2011
i dont think there is any alternative to conduct the BM rather to wait.
CS Shivi Reddy
(COMPANY SECRETARY)
(175 Points)
Replied 03 September 2011
there is no option but to conduct the meeting through video conferencing.
But dont forget to record the proceedings of the meeting with video camera or any similar kind of gadget
Regards
Shivi
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 03 September 2011
You have to call General Meeting and appoint him director directly in General Meeting.
For this Table A would Apply as under:-
If at any time there are not within India directors capable of acting who are sufficient in number to form a quorum, any director or any two members of the company may call an extraordinary general meeting in the same manner, as nearly as possible, as that in which such a meeting may be called by the Board.
CAclubindia
