Supreme Court Decison on Board Meeting

Yogesh Bhatt (Company Secretary) (475 Points)

15 January 2011  

Supreme Court of India has decide in the Matter Kerala State Electricity Board V/s Hindustan Construction Co. Limited [2009] 91 SCL 183 (SC)


inter alia decide  that " Confirmation of minutes of Board meeting or any committee meeting does not require confirmation in subsequent meeting.


Non confirmation of minutes does not have any effect on the decision taken at the earlier meeting. When minutes of a meeting are placed before the next meeting the only thing that can be done is to see whether the decision taken at the earlier meeting has been properly recorded or not. Once a decision is duly taken it can only be changed by a substantive resolution properly adopted for such change"
 
Note- Confirmation is not mandatory in law or SS 5 , it is a normal corporate secretarial practice.