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manish juneja (Company Secretary)     09 September 2010

sec 289 of Companies Act

Hello Members

A CO. wants to pass a resolution by circulation.Bt 2 of its 3 dir(s) r foresign resident.Nw they dnt hv any Indian address so hw wll tht resolution b circulated to them

CS Manish Juneja


 3 Replies

Rajiv Krish (Employed)     14 September 2010

Manish, In compliance of Companies Act, you can send the circular resolution to the Directors at their usual address in India. You may also email the resolution to other/all Directors (SS-1, Para 6.2).

Get approval by majority of the Directors ("...or by a majority of such of them, as are entitled to vote on the resolution." -Sec. 289)

Kunal Khilnani (Service)     16 September 2010

I understand that the circular resolution can be sent to the foriegn country for acquiring the signatures of the foreign directors..

Rajiv, do you tend to differ from my opinion?

Rajiv Krish (Employed)     16 September 2010

@ Kunal,

Yes, after sending it to their usual address in India

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