Launch offer — 25% off with code LAUNCH-25 See plans →
Microlesson · 5-min read

Minutes of Meetings — Contents, Signing, Preservation, Punishment

# Minutes [Section 118]

## Contents — What Must Be Included

Minutes shall contain a fair and correct summary of the proceedings of the meeting.

For Board Meetings, minutes must also contain:

  • Name of directors present at the meeting.
  • For each resolution passed, the names of directors dissenting with the resolution.

## What Must NOT Be Included

The chairman has absolute discretion to exclude any matter that, in his opinion, is:

  • Defamatory of any person,
  • Irrelevant or immaterial to proceedings, or
  • Detrimental to the interests of the company.

## Signing of Minutes

Type of meetingSigned byWithin
Board meeting / Committee of BoardChairman of the meeting OR Chairman of the next succeeding meeting
General meetingChairman of that meeting (or director authorised by BOD on chairman's death/inability)30 days
Resolution by postal ballotChairman of BOD (or director authorised by BOD if no chairman / death / inability)30 days

Each page of the minutes book is signed, and the last page is dated and signed.

## Maintenance of Minutes

  • Distinct minute book for each type of meeting.
  • Minutes of shareholder, creditor or Board meeting (and postal ballot resolutions) must be prepared, signed and entered in the minute books within 30 days of conclusion of the meeting.
  • For postal ballot: brief report (including resolution proposed, voting result, and summary of scrutinizer's report) is entered in the general meeting minutes book within 30 days — as if it were passed at the general meeting.
  • Properly maintained minutes = evidence of proceedings + meeting deemed duly called and held.

## Preservation and Custody

Minutes BookWhere KeptCustody
General MeetingRegistered office (mandatory) — preserved permanentlyCS or director authorised by BOD
Board / Committee MeetingsRegistered office OR place decided by BOD — preserved permanentlyCS or director authorised by BOD

## Punishment for Default

DefaulterPenalty
Company₹ 25,000
Officer in default₹ 5,000

Tampering with minutes → Fine not less than ₹ 25,000, extendable up to ₹ 1 lakh AND imprisonment up to 2 years.

## Exemption

Section 118 does NOT apply to a Section 8 Company which has not committed default u/s 92 & 137 — except that minutes may be prepared within 30 days of conclusion of the meeting if AOA provides for confirmation of minutes by circulation.

## Key Memory Hook

"Minutes = corporate memory. Within 30 days, in distinct books, preserved forever. Chairman is gatekeeper of what stays out; tampering is a criminal offence."

Worked example

### Example 1

Example: At a Board meeting of LMN Ltd. held on 10 July, the chairman makes a defamatory comment about a competitor. The CS asks whether this should be recorded in the minutes.

Answer: It is at the absolute discretion of the chairman to exclude defamatory matter. The chairman may direct that this comment NOT be entered in the minutes, and his decision is final.

### Example 2

Example: A general meeting was held on 1 September. By when must the minutes be (a) prepared and entered, (b) signed by the chairman?

Answer: Both — within 30 days of the conclusion of the meeting, i.e., by 1 October.

⚠️ Common exam mistakes

  • Recording dissenting directors' names only for some resolutions — Section 118 requires names of dissenters for each resolution in Board minutes.
  • Forgetting that even for postal ballot resolutions, the entry goes into the general meeting minutes book (since the resolution is deemed passed at a general meeting).
  • Confusing Sec. 118 penalty (₹ 25,000 / ₹ 5,000) with the heavier punishment for tampering (imprisonment + fine).
  • Thinking general meeting minutes book can be kept at any place — it MUST be at the registered office.
Reference: Section 118 — Companies Act, 2013
Now that you've read this — what's next?
Move from understanding → mastery in 3 clicks. Each option below picks up from this lesson's topic.
Start 15-min diagnostic