It is not feasible to call Board Meeting when approval of Directors is required on urgent basis. In such cases, resolution is approved by circulation as envisaged under section 175 of the Companies Act, 2013.
Decisions of a Company are taken by its Board of Directors at their meetings. The Companies Act, 2013 (hereinafter referred to as Act) has put in place provisions to call, convene, conduct and regulate these meetings but the law had also mandated that every Company should observe Secretarial Standards.
The procedure for Incorporation of is as follows:- 1. Obtain Digital Signature- The Subscriber applying for availability of name and the proposed Directors need to have DSC. AS per Ministry of Corporate Affairs Class-II DSC is required for e-Filings under MCA21. 2. Obtain DIN- As envisaged under section 153 an individual intending to become Director needs to obtain DIN. For obtaining DIN e-form DIR-3 has to be filed which has to be certified by a practicing professional.
Gurminder Dhami Introduction With the dawn of Companies Act, 2013 which strives towards shareholders activism, the shareholders now have an option to cast their vote electronically. The intention is to provide the shareholders opportunity to have their say at the general meeting of a company without even being present at the same. The rules relating […]
Gurminder Dhami INTRODUCTION General principle of law is that the decisions which are serious in nature or which involve significant business transactions are taken at Shareholders meetings. The scope of this decision making power has been increased by Companies Act, 2013. To enable shareholders to take apt and a well informed decision, it is necessary […]
As per section 139(6) the first auditor of the company shall be appointed by the Board within 30 days of Incorporation. In case of Board’s failure, an EGM shall be called within 90 days to appoint the first auditor. The law is silent regarding from when this time limit of 90 days be reckoned, it is better to take a stricter view and interpret that the 90 days limit starts from Incorporation rather than expiry of 30 days(i.e. failure of Board) from it.
Gurminder Dhami INTRODUCTION The votes cast by the shareholders play decisive role in the business proposed in General Meetings of a Company. An equity shareholder has the right to vote for every motion. However, as per the Section 47 of the Companies Act, 2013 preference shareholder is entitled to vote only for a resolution pertaining […]
