"Calling of Board Meeting on shorter notice-Pvt. Co."

7,126 views
Skip to first unread message

Yogesh Pahuja

unread,
Jun 18, 2014, 7:08:38 AM6/18/14
to csmy...@googlegroups.com
As per Section 173 a board meeting can be called by giving notice for a period of less than 7 days provided atleast one independent director is present at the meeting. In light of this how can a private company (not required to appoint independent director) can call a board meeting at shorter notice.
Regards

Yogesh Pahuja

sonam jain

unread,
Jun 18, 2014, 7:17:48 AM6/18/14
to csmy...@googlegroups.com
 As per proviso to section 173 (3) 
Provided that a meeting of the Board may be called at shorter notice to transact urgent
business subject to the condition that at least one independent director, if any, shall be
present at the meeting:
Provided further that in case of absence of independent directors from such a meeting
of the Board, decisions taken at such a meeting shall be circulated to all the directors and
shall be final only on ratification thereof by at least one independent director, if any

Kindly Note the word IF ANY
That means all the companies can call a BM with a shorter notice


--
--
************************************************
Mail your comments, feedback and suggestions on CSMysore to Moderator: datta...@gmail.com and Manager: vivekhe...@gmail.com
---
You received this message because you are subscribed to the Google Groups "CSMysore" group.
To unsubscribe from this group and stop receiving emails from it, send an email to csmysore+u...@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.

Yogesh Pahuja

unread,
Jun 18, 2014, 7:22:39 AM6/18/14
to csmy...@googlegroups.com
Very thanks Sonam.

CS A Rengarajan

unread,
Jun 21, 2014, 1:02:31 AM6/21/14
to CSMysore
can  any  body  give  definition  for  urgent  business  and  how  it  will  be  decided   and  who  will  decide  whether  particular  business  is  urgent  or  ordinary?

There  is  no  definition  for  urgent  business  neither in  the  act  nor  in  the rules  or  no where  it  has been clarified

Members  views  solicited.

regards.


On Wed, Jun 18, 2014 at 4:47 PM, sonam jain <satyam...@gmail.com> wrote:



--




A.Rengarajan

Company  Secretary

Chennai

93810  11200

“Positive belief in yourself will give you the energy needed to conquer the world and this belief is the power behind all creation.” 
― Stephen RichardsThink Your way to Success: Let Your Dreams Run Free

CS Benevolent Fund is a collective effort towards extending the much needed financial support to the community of Company Secretaries in times of distress  Let us lend support and join for noble cause.



SHARING KNOWLEDGE SKY IS THE LIMIT

This mail and its attachments (if any) are confidential information intended for persons to whom the email is planned for delivery by the sender. If you have received this mail in error please notify the sender of the error by forwarding the email and its attachments (if any) and then deleting the mail received in error and the relevant email trail in this connection without making any copies or taking any prints.

R V Seckar

unread,
Jun 21, 2014, 1:09:58 AM6/21/14
to CSMysore
According to me , a pvt ltd can convene a BM at a shorter notice if it is consented by all the directors of that company.

Regards

CS A Rengarajan

unread,
Jun 21, 2014, 1:15:16 AM6/21/14
to CSMysore
I  am  talking  about  urgent  business  definition as well  as  who  will  decide  urgent  business

regards​

gauri mishra

unread,
Jun 21, 2014, 1:28:49 AM6/21/14
to csmy...@googlegroups.com
it is consented by all the directors of that company in pvt company........

CS A Rengarajan

unread,
Jun 21, 2014, 2:09:56 AM6/21/14
to CSMysore, companies-act-201...@googlegroups.com
it  is  not  private  company  and  i  am  asking  the  what is  meant by  urgent business and  who  will decide  urgent business

As per Section 173 a board meeting can be called by giving notice for a period of less than 7 days provided atleast one independent director is present at the meeting.
As per proviso to section 173 (3) Provided that a meeting of the Board may be called at shorter notice to transact urgent
 business subject to the condition that at least one independent director,  if any, shall be present at the meeting: Provided further that in case of absence of independent directors from such a meeting  of the Board, decisions taken at such a meeting shall be circulated to  all the directors and  shall be final only on ratification thereof by at least one independent director, if any

regards

periwal...@gmail.com

unread,
Jun 21, 2014, 7:23:29 AM6/21/14
to csmy...@googlegroups.com
Kindly apply the general meaning to it.
 
 
If any business cannot be withheld upto calling of next Board meeting or by calling BM through proper means i.e. by giving atleast 7 days notice to directors, may be called as urgent business.

sonam jain

unread,
Jun 21, 2014, 7:27:45 AM6/21/14
to csmy...@googlegroups.com
Agree with Vandanaji


--

SUDHIER KUMAR GUPTHA

unread,
Jun 22, 2014, 1:19:19 AM6/22/14
to csmy...@googlegroups.com
It is not just pvt ltd company, even for public ltd cos, till Independent directors are appointed or till the expiry of time limit mentioned in the act/circular/rule same excemption " consented by all the directors" shall be applicable.

"Urgent business " is not defined,  to categorise any business item as urgent business is at the discretion of Board.


On Sat, Jun 21, 2014 at 10:58 AM, gauri mishra <csgauri...@gmail.com> wrote:

MOHIT SALUJA

unread,
Jun 22, 2014, 3:10:32 AM6/22/14
to csmy...@googlegroups.com
Dear Sir/ Madam
                         Greetings of the Day.

Have anyone the format of shorter consent for holding EGM.

Regards,
CS Mohit Saluja
Mohit Saluja & Associates
Company Secretaries,
2nd Floor, Malhotra Complex, 
Sehdev Market, Jalandhar City,
Punjab-144001
9914558709


Please don't print this e-mail unless you really need to.......
Save Papers, Save Trees, Save Country.........

Reduce the Font Size by 1 Before Printing.
Save Paper. Help the Forests.


Reply all
Reply to author
Forward
0 new messages