Mr. P has been appointed as a director in Well-Known Home Appliance Limited. His Permanent/Present Address as mentioned in DIR-3 (Application for allotment of DIN) is of Mumbai. However, most of the times, he resides wit
CS Professional · Governance, Risk Management, Compliances and Ethics · PYQS · June 2024
Mr. P has been appointed as a director in Well-Known Home Appliance Limited. His Permanent/Present Address as mentioned in DIR-3 (Application for allotment of DIN) is of Mumbai. However, most of the times, he resides with his son at Nagpur to take care of his business. You are the Company Secretary of Well-Known Home Appliance Limited. Mr. P insists you to send all the notices of the forthcoming meetings of Board at the Nagpur address of his son, till further information. State your course of action at the request of Mr. P.
Answer & Explanation:
Section 173(3) of the Companies Act, 2013 provides that a meeting of the Board shall be called by giving not less than seven days' notice in writing to every director a this address registered with the company and such notice shall be sent by hand delivery or by post or by electronic means. Para 1.3.1 of SS-1 specifies that notice in writing of every Meeting shall be given to every Director by hand or by speed post or by registered post or by facsimile or bye-mail or by any other electronic means. The Notice shall be sent to the postal address or e-mail address, registered by the Director with the company or in the absence of such details or any change thereto, any of such addresses appearing in the Director Identification Number (DIN) registration of the Director. As a Company Secretary of the Company, I would request Mr. P as under: The Company can send the notice to the director at his address registered with the company only, which is as per Section 173(3) of the Companies Act, 2013. If Mr. P wants to have the notice to be delivered at Nagpur address, he has to make changes in the present address as mentioned in DIR-3 and submit it at the MCA Portal. After change of the address, Mr. P should inform the company about the new / changed address. Thereafter only, the company will be able to change the address and notice will be sent to the Nagpur address. Till the time the address is changed, the company shall continue to send the notice at Mumbai address and Mr. P is expected to get it collected from Mumbai address.
Topics: Board Meetings
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