A private limited company registered in Delhi conducted 3 board meetings in Noida (UP) in one month. The notice of board meeting were given to 3 directors (all residents of Noida) by hand and to 4th director (additional director) (resident of Delhi) by email sent to his personal email ID from personal email ID of one of the employee of the company, as company's mail server was not working.
1) Will this notice of Board meeting sent to one director by email be treated as proper notice of Board meeting or not?
2) The director to whom 3 notices were sent by email, did not attend all the 3 board meetings and there was no leave of absence also. Will this absence be treated as automatic vacation of office of director in the 3rd meeting or not?
3) Is this vacation of office legally tenable or not?
If there is any legal flaw in this vacation, please guide me as we are supposed to file Form-32 within 30 days. This 4th director is working to the detrimental of company's interest.
Please guide me.
CAclubindia
