Leave of Absence

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As per section 283(1)(g), the Director who absence himself from the BM, has to give the leave of Absence.

 

Can the Leave of Absence under this section be verbal ?

 

If not, what are the consequences ?

 

If the Director do not attend a single meeting in a year and leave of absence letter are signed by him for all the meetings, is it suffecient ?

 

Will it violate the law if the Director gives leave of Absence for one meeting and do not give Letter for next two meetings, and then give letter for fourth, thus he is not absent from three consecutive meetings of Board (without giving leave of Absence) ?

 

If Leave of absence letter is not recieved from the Director, wht is to be writen in the Minutes of the Meeting ?

 

Regards

 

Karan Ramchandani

Replies (3)

Hello,

Leave of Absence under this section must be in writing as sufficient proof in favour of director otherwise verbal statement can be denied easily.

If the Director do not attend a single meeting in a year but provide leave of absence letter duly signed by him for all the meetings, ---application of section 283(1)(g) removed. In other words it would be sufficient.

If the Director gives leave of Absence for one meeting and do not give Letter for next two meetings---in the 2 meeting his absence would be marked and there would be no violation.

If Leave of absence letter is not recieved from the Director, wht is to be writen in the Minutes of the Meeting.-----Nothing is to be written in the minutes for such director. In the attendance book his absence would be marked. However if such director prove the dispatch of Leave of absence letter then such absence would not be counted for the purpose of section 283(1)(g).

Revert if there is any doubt.

Regards

The verbal leave of absence is also valid. It is depend on company's decision that whether leave of absence shall be in writting or verbal. But if possible use written communication.

Hi,

What is the current status for this query

Whether director can give leave absence for full year

as per recent circular on Video conferencing attached here directory required to attend atleast one meeting in a year presently not even by video conference but section 283 not yet updated whether this circular override the existing section

Thanks & regards

S.Aswath


CCI Pro

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