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RAJAN KUMAR (company secretary)     29 November 2011

Board meting minutes

Can anyone tell me that IS THERE ANY PROVISION AVAILABLE FOR NOT SHOWING THE BOARD MEETING MINUTES OR HIDING BOARD MEETING MINUTES?



Learning

 3 Replies

RAJAN KUMAR (company secretary)     29 November 2011

from public under rti act

shraddha Shukla (Practicing Company secretary " Corporate Law Consultant")     06 December 2011

Inspection of the minutes of the Board meetings.
 
The Companies Act, 1956 has no express provision in relation to inspection of minutes books of Board meetings, the same shall be open for the inspection of auditors. The directors shall also be eligible to see these books.

Right to inspection cannot be denied whatever be the motive of member.

However

As I earlier said that Co. law allow inspection of General meeting it nowhere specificaly mentions that Board Meeting minutes should be allowed for  inspection  from outsider ,See logic behind that is all confidential policy decision matters are disscussed in board meeting and any information leakage may harm the Co.'s future prospects hence no one should force to show or inspect board minutes.It is just for protecting Co's interest ,however Co. law do not specificaly restrict for inspection of Board minutes ,but as prudent practice it should not be allowed to be inspected 

As I have already mentions that departments clarification on the query mentions not even members can demand inspection of Board Meeting minutes.

There is no specific section in Co. law  which mention procedure for inspection of  Board meeting mintues  , Co. law is also silent and do not prohibit inspection of Board meeting minutes except departments clarification on section 196 which can not be given waightage as Section. Its just prudential practice which almost all Co's follows to protect there own interest ,

RAJAN KUMAR (company secretary)     07 December 2011

Thankxx Ms. Shukla


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