Adjournment of Board Meeting of Listed Company

779 views
Skip to first unread message

mann vishwakarma

unread,
Mar 15, 2011, 9:24:26 AM3/15/11
to csmysore
Dear Members,

Kindly guide me what is the procedures for adjournment of board
meeting for listed company??

Warm Regards,
Mantosh Vishwakarma
Company SEcretary

monika singh

unread,
Mar 17, 2011, 5:37:50 AM3/17/11
to csmy...@googlegroups.com
Dear,
May be this will help you.



Procedure to adjourn Board Meeting/General Meeting
PDF Print Email
1.   

In the case where there is a quorum, take decision in the Board Meeting or the General Meeting, as the case may be, to adjourn either in the beginning or at any stage by the majority of votes, unless otherwise provided in the Articles of Association in this regard.

2.   

In case there is disorder in the meeting, adjourn it for half an hour and then the meeting can proceed.

3.   

If the Articles of Association of the company contain a provision that the Chairman may with the consent of the meeting, adjourn the meeting, he may or may not do so even if the members want it.

4.   

In absence of a quorum for a Board Meeting, unless the Articles of Association otherwise provide, the meeting shall automatically stand adjourned till the same day in the next week, at the same time and place , or if that day is a public holiday, till the next succeeding day which is not a public holiday, at the same time and place.[Section 288(1)]

5.   

In the case of a General Meeting (unless the same was called on requisition of members in which case it will stand dissolved), the same shall stand adjourned either to the same day in the next week at the same time and place, or to such other day and at such other time and place as the Board may subsequently determine. [Section 174(3) & (4)]

6.   

In the case of a private company not being a subsidiary of the public company however, the Articles of Association may provide otherwise. [Section 170(1)(ii)]

7.   

If the meeting is adjourned for thirty days or more or if the Articles of Association of your company provide to this effect, then remember to give notice of the adjourned meeting, as in the case of an original meeting [Schedule 1, Table A, Regulation 53(3) of the Companies Act, 1956]

8.   

Forward three copies of such notice to the Stock Exchange with which the shares of your company are listed. [Clause 31 (c ) of the Standard Listing Agreement]

NOTE: 

Adjournment of meeting is a different thing than postponement of a meeting. To adjourn means to defer or suspend the meeting to a future time with no appointed date or indefinitely (sine die) or as decided by the members present at the scheduled time of the meeting. To postpone means to put off to a later time; defer. As a general principle, for valid adjournment of a general meeting, the holding of the meeting at its scheduled time is necessary. If a meeting is postponed before it has been actually held, it will amount to postponement and not adjournment of the meeting. 

Resolution for adjournment. When a meeting is sought to be adjourned, a motion to that effect must be moved. It may be moved by the chairman of the meeting or any member present at the meeting. It is usually seconded though that is not necessary; even if it is not seconded by any member, it is advisable to put the motion to vote.

An adjourned meeting is merely the continuance of the original meeting and a fresh notice of the adjourned meeting is not therefore necessary unless the articles require such a notice to be given.. Where the notice of the meeting had been properly given there was no necessity for notice of itsbona fide adjournment.

It is well settled law that where there is a power of adjournment and a meeting is adjourned, then the adjourned meeting is a continuation of the original meeting and no new notice of an adjourned meeting need be given unless the relevant statutory provisions or rules so require. But in the case of an adjournment sine die fresh notice is necessary.

Where a general meeting adjourned by reason of an order of a court is reconvened, it is the adjournment as much as that when a meeting is adjourned by a resolution of the meeting and therefore when the adjourned meeting is reconvened, it is a continuation of the original meeting. But, in such a case, if the meeting was adjourned without fixing the date, notice of the adjourned meeting would be necessary.





--
Find eNewsletters of ICSI Mysore at: http://www.icsi.edu/NewsEvents/enewsletters/tabid/1757/Default.aspx  AND www.esnips.com/web/icsimysore

You received this message as you are subscriber. To unsubscribe email to: csmysore-u...@googlegroups.com



--


PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS MAIL.


Help someone have a nice day
--------------------------------------------------------
REGARDS,

MONIKA SINGH

Jayashree Chandrasekaran

unread,
Mar 17, 2011, 5:42:15 AM3/17/11
to csmy...@googlegroups.com
For adjournment of board meeting you just have to inform SE quoting the reason...
Jayashree

On Tue, Mar 15, 2011 at 6:54 PM, mann vishwakarma <cs.ma...@gmail.com> wrote:
--
Find eNewsletters of ICSI Mysore at: http://www.icsi.edu/NewsEvents/enewsletters/tabid/1757/Default.aspx  AND www.esnips.com/web/icsimysore

You received this message as you are subscriber. To unsubscribe email to: csmysore-u...@googlegroups.com



--
C.JAYASHREE
PARTNER
S.GANESH&ASSOCIATES
CHENNAI
98840 17120

Reply all
Reply to author
Forward
0 new messages