Shubhangi Patil (Management Trainee) 16 February 2009

Passing of resolution by circulation

Hi,

I want to know,

when Board Meeting is to be held for ammending object clause to be passed and approve in AGM/EGM than can the Board resolution be passed by circulation for such Board Meeting. Is it necessary to hold BM before AGM/EGM for such ammendment? or Resolution by circulation can do stating that the company want to ammend its object and for that will hold a AGM/EGM?

Regards

Shubhangi

Reply Follow

4 Replies

Shubhangi Patil (Management Trainee) 16 February 2009

Following above,

As per Companies Act, 1956 passing of resolution for alteration of object clause is not included in sec 292 which states the things to be specifically passed in BM. So can this resolution be passed by circulation?

Shubhangi

Manish Singh (Advocate) 18 February 2009

calling a board meeting is one of the requisite condition for the said procedure where you decide for GEneral Meeting agenda./place etc. but still you can pass the resolution by circulation. but keep in mind that at the GM you must pass a special resolution and not an ordinart resoltution .