Hi,
Please clarify,a company is pvt.ltd company and want to pass the resolution through circular mode .All the directors are non-resident.What is the practical procedure in terms of section 289 of Companies Act.
Regards,
6 Replies
Subodh Niraula
(PCC-Student Article Asistant)
(187 Points)
Replied 20 June 2009
| Originally posted by :Kumar | ||
| " | Hi, Please clarify,a company is pvt.ltd company and want to pass the resolution through circular mode .All the directors are non-resident.What is the practical procedure in terms of section 289 of Companies Act. Regards, |
" |
it is not applicable on Pvt Companies
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 20 June 2009
Hi Kumar,
Privilege of Section-289 is also available to a Private Company.
One of the basic requirement of Section-289 is Minimum number of directors present in
“Accordingly the number of directors present in
Tell me are you satisfying the condition mentioned above?
Regards
Mamta Batra
(CS)
(376 Points)
Replied 20 June 2009
Yes, i fully agree with Ankur Sir.
Further as per the decided case the CLB held that the resolution is required to be sent at Foreign address as well as in usual address also.
Kumar
(Legal Consultant)
(358 Points)
Replied 20 June 2009
Dear Ankur,
Thank you.Kindly confirm is it mandatory in case of foreign directors who are going to form quorum to be there in India to pass such resolution.
Best Regards,
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 20 June 2009
Yes, the directors must be present in india only in order to fulfill the condition mentioned above. They may be NRI directors.
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