Passing
of Resolution by Circulation
(1) No resolution shall be deemed to have been
duly passed by the Board or by a committee thereof by circulation, unless the
resolution has been circulated in draft, together with the necessary papers, if
any, to all the directors, or members of the committee, as the case may be, at
their addresses registered with the company in India by hand delivery or by
post or by courier, or through such electronic means and has been approved by a majority of
the directors or members, who are entitled to vote on the resolution:
COMMENT: Passing
of Resolution by Circulation
A resolution in draft form may be circulated to the directors together
with the necessary papers for seeking their approval, by electronic means which
may include E-mail or fax.
Provided that, where not less than
one-third of the total number of directors of the company for the time being
require that any resolution under circulation must be decided at a meeting, the
chairperson shall put the resolution to be decided at a meeting of the Board.
(2) A resolution under sub-section
(1) shall be noted at a subsequent meeting of the Board or the committee
thereof, as the case may be, and made part of the minutes of such meeting.
DISCLAIMER: THE
ARTICLE IS BASED ON THE RELEVANT PROVISIONS AND AS PER THE INFORMATION EXISTING
AT THE TIME OF THE PREPARATION. IN NO EVENT I SHALL BE LIABLE FOR ANY DIRECT
AND INDIRECT RESULT FROM THIS ARTICLE. THIS IS ONLY A KNOWLEDGE SHARING
INITIATIVE.
THE AUTHOR
– CS DEEPAK SETH (ASSOCIATE PARTNER HELPINGHANDS PROFESSIONALS LLP) AND
CAN BE REACHED AT CONTACTHHPRO@GMAIL.COM OR 9910248911.
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