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    Board Meeting Due Date

    Posted By : Sachin / Published on : 28-Mar-2022 09:49 AM / View : 596 / Comment : 1

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    Hi,

    Case: The board meeting of a Company last held on Nov 07, 2021. The company held four Meetings of its Board in the 2021 Calendar Year including Nov 07, 2021 meeting.

    Question: What would be the next due date of the board meeting ? If the company holds a meeting in the month of April, would there be any non compliance of the 120 days limit ?
    Read more on : date meeting board

    • Hello professionals!

      this is in reference to section 173(1) of Companies Act 2013, read with Co.(meetings of Board and its powers) rules, 2014 and secretarial standard-1 issued by ICSI.

      as per section 173(1)

       

      Every company shall hold the first meeting of the Board of Directors within thirty days of the date of its incorporation and thereafter hold a minimum number of four meetings of its Board of Directors every year in such a manner that not more than one hundred and twenty days shall intervene between two consecutive meetings of the Board

       

      here it is not clear whether the word "year" is to be interpreted as Financial year or Calender year.

      However, SS-1 issued by ICSI clears it as "Calender year"

      please note Secretarial standards issued by ICSI are recommendatory in nature.

      If we collect entire provisions it implies there should be 4 board meetings in a calendar year and the gap between two BMs shall not exceed 120 days.

      therefore the last due date for holding the next Bm is 6th April 2022.

      there would be no non-compliance if BM is held on or before 6th April 2022.

       

      Thank you.

       

       

      29-03-2022 / 06:14:56 AM
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