PLACE OF BOARD MEETING - URGENT

[Nisha Sharma]

Dear Professionals,

Kindly suggest,

 that there is no specific section or rules regarding place of holding Board meeting in Companies Act, 2013, means a board meeting can be held at any where in India or Outside India..

so my case is in a private company there are 2 directors, 1 director is in JAIL, 2nd director went to Jail for conducting Board meeting so

 then ques is can a Board meeting be held in  jail also?? would it be considered as Board Meeting??

Require your opinions.

Regards:

CS Nisha Sharma

[santhosh kumar]

Nisha,
Jail is not a pleasant place to have Board meeting. It is a place where the people who communicates crime are put. No doubt their is no compulsion to have a Board meeting at any particular place.

The jail does not permits to have a Board meetings.
Only thing you can do is appoint one more director and have the BM

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[santhosh kumar]

I stay near one of Hyderabads biggest jail. Chanchalguda jail. Where many bureaucrats n many businesses people were put . Though their auditors n many of their directors stand outside they are not allowed to have boardmeeting

[AJAY NATH Sahay]

Madam Nisha,

Very simple appoint Additional Director to comply the  provision relating quorum and hold the meeting at any place other than jail

Thanks  Cs.Ajay Sahay

[ACS suresh chaudhary]

If we look only to  Companies act, rules and ss-1.If they can actually meet 3 times (assuming jailed director cannot access internet facility and hence e-mail).It can be done. The director must take care to get all the documents related to the meeting be signed by the jailed director as per the act, rules and ss-1.

1. Notice-shorter consent/agenda/ notes on agenda acknowledgement of receiving with date and signature on the same day;

2. Attendance sheet duly signed by both on same day

3.  Convened board meeting same day, note time of commencement and conclusion;

4. Circulation of Draft minutes  within 15 days of conclusion of meeting to jailed director by the other director ;

5. drafting of minutes within 30 days

6. circulation of certified copy of minutes to jailed director within 15 days of signing of the minutes by the chairman.

I am suggesting by reading just the guidance note on ss-1 I have not gone through the companies act before suggesting..There may be bar by any other law in force. An RTI to jail authority (concerned PIO) may clear the doubt whether  it can be held with their permission.

On Friday, August 12, 2016 at 4:38:56 PM UTC+5:30, Nisha Sharma wrote: