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LAW query

Ankit (Auditor) (51 Points)

25 September 2010

I am facing problem with practical understanding of section 287.

Plz help.

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11 Replies

Ankit (Auditor) (51 Points)
Replied 25 September 2010

Another question in context with Sec 287

Required quorum = 4 directors

Present directors = 4

After one resolution is passed, one of the 4 directors leaves the Board meeting.

The board meeting in such a case will be VOID for the want of quorum, but what about the resolution which was passed with 4 directors present?

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ravindranth (company secretary) (114 Points)
Replied 25 September 2010

The resolutions which are passed with requisite quorum will be valid. if there is no quorum to pass any resolution, the meeting should be adjourned to nextweek same day, same time. if any resolution passed without quourm will be invalid

Dixit (CA Final) (2405 Points)
Replied 25 September 2010

ravi is right

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17853 Points)
Replied 25 September 2010

Yes agree.

Resolutions passed in complete quorum would be considered as valid and after that the meeting would be adjourned, unless Articles ortherwise provide, till the next week same day same place and remaining items of agenda would be considered on that day and all of that would be properly recorded in the minutes book.

Kannan Iyappan (Company Secretary) (1496 Points)
Replied 25 September 2010

Yes , Thats right.

Kannan

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Ankit (Auditor) (51 Points)
Replied 25 September 2010

I am confused...

The experts advice differ....

check the link

/experts/law-491560.asp

pooja (ca final) (174 Points)
Replied 26 September 2010

ankit plz see d NOV. 2008 paper question no 3a

Ankit (Auditor) (51 Points)
Replied 27 September 2010

@ Pooja Thankx a lot...

As per the answer in the suggested answers issued by ICAI the one resolution with 4 directors is valid and others are void.

@ ravindranth, Dixit, CS Ankur Srivastava, Iyappankannan Thanx alot

Ankit (Auditor) (51 Points)
Replied 27 September 2010

I have a new query relating to the board meeting chapter only.

A board meeting could not be held for want of quorum and thereafter it was adjourned to next week, same time, place. At the adjourned meeting also, the requisite quorum was not present. What to do now?

pooja (ca final) (174 Points)
Replied 27 September 2010

- adjourned meeting not to be held when the requisite quorum was not present. [ MAHARANI YOGESHWARI KUMARI v LAKE SHORE PALACE HOTEL pvt ltd. (1995) ]

if AOA provide then bod appoint d additional director 4 d complete quorum ..

ankit see d munish bhandari sir's book..u'll clear ur doubt,