Companies act, 2013

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Dear Sir / Ma'am

My query regarding Holding of Board Meeting is as follows:

Legal Provisions:

As per the section 173 (1) of The Companies Act, 2013, 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 meeting of the Board.

As per section 285 of The Companies Act, 1956, in the case of every company, a meeting of its Board of Directors shall be held at least once in every three months and at least four such meeting shall be held in every year.

Case:

ABC Private Limited has hold its last meeting on Saturday, 30th March, 2014 (Needless to mention here that according to the provisions of The Companies Act, 1956).

Query:

1.      Is it necessary to the ABC Private Limited to hold its next Board Meeting on or before 30th June, 2014?

 

2.      Can the ABC Private Limited hold its next Board Meeting after the month of June, 2014? (within 120 days from the last Board Meeting, i.e. 30th March, 2014).

 

3.      Is it true that:

 

a)      Now, the Companies are not under compulsion to hold the Board Meeting within the next three months

 

b)      it can be hold within next 120 days, which means it is possible not to hold any Board Meeting in a whole quarter. Only requirement is to hold at least four Board Meeting in a year and the gap between the two board meeting shall not exceed 120 days.

 

Thanks in advance.

 
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