Additional Director
This query is : Resolved
11 August 2010
An additional director in a limited company is appointed on 1 August,2010 , agm for that company is scheduled to be held on 20th August,2010 can that appointment be regularised in tht agm.
and form 32 is required to be filed twice or once in this situation??
and form 32 is required to be filed twice or once in this situation??
11 August 2010
The regularisation of the director can be made in this AGM itself if the notice for the same is dated after 01.08.2010 which does not seems to be a case as atleast 21 days clear notice needs to be given which would be in July.
So not possible to regularise in this AGM.
For appointment of director 2 times form 32 is filed first for appointment of director and second for change in designation from additional director to director.
So not possible to regularise in this AGM.
For appointment of director 2 times form 32 is filed first for appointment of director and second for change in designation from additional director to director.
11 August 2010
section 257 says that candidature of a person other than retiring director can be proposed by himself/or by any member for directorship in agm and notice is required before 14 days of agm...in that case it seems possible??
11 August 2010
Then a seperate notice needs to be sent before 14 days. If that is complied then it can be done.
11 August 2010
In your case regularization in this particular AGM is must read with section 260 failing which you have to re-appoint him as AD after the AGM.
Revert if there is any doubt.
Revert if there is any doubt.
11 August 2010
I agree with Mr. Ankur. AD can hold office only till next AGM from his appointment
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