If board meetings can be held via video conferencing, can someone provide me the section under which it could be carried out? If so kindly provide me the procedure or any special care to be taken while preparing the notice of the board meeting.
Asha Pole (Legal) 25 October 2010
If board meetings can be held via video conferencing, can someone provide me the section under which it could be carried out? If so kindly provide me the procedure or any special care to be taken while preparing the notice of the board meeting.
CHANDAN MAHAPATRA (COMPANY SECRETARY) 25 October 2010
My reply to your query is as under:-
1. Present Companies Act does not contain any provisions under which Board Meeting can be held by Vedio conferencing. Hence all Board Meeting have to be held in physical form.
2. The only near there to would be to pass an agenda through circulation in terms of S.289 of the Companies Act. Even here the resolutions passed by circulation has to be ratifed at a duly convened board meeting subsequently.
3. The Companies Bill has a proposal in the lines in which you seek, but the bill is yet to be passed into an Act and hence has no strength.
4. You can also look up Secretarial Standards on Board Meeting wherein vedio conferencing and its do and don't have been covered by the institute. It may help through some light
Asha Pole (Legal) 26 October 2010
Technically speaking video conferencing should be allowed since many of the court cases are being held on video conferencing. However I have gone through the standards but then companies act has not yet enacted any provision on the same. I just wanted to be sure incase i i have overlooked any such provision
Thank you Mr. Mahapatra
Janettfung (student) 29 December 2011
You could use premises-based video conferencing appliance. Compared with SaaS solution which hosts your data at a third party's place, appliance makes all data stay inside of your law firm. So, it is secure.