Additional Director
This query is : Resolved
12 April 2011
Hello,
In a PVT CO can Additional Director Can be Appointed at the Board meeting in presence of only one Director.
Total number of directoe as on date of Board Meeting were 5 ( 2 Directors and 3 Aditional Dirctors ).
One of the director from the two has with guilty mind passed a resolution at the Board Meeting has appointed 2 additional directors. Also the notice for the Board Meeting was not conveyed to other 4 Director.
Is the Act of the Director is valid and whther the appointment of such director as an additional director is valid.
Thank you
An early reply would be appreciated
In a PVT CO can Additional Director Can be Appointed at the Board meeting in presence of only one Director.
Total number of directoe as on date of Board Meeting were 5 ( 2 Directors and 3 Aditional Dirctors ).
One of the director from the two has with guilty mind passed a resolution at the Board Meeting has appointed 2 additional directors. Also the notice for the Board Meeting was not conveyed to other 4 Director.
Is the Act of the Director is valid and whther the appointment of such director as an additional director is valid.
Thank you
An early reply would be appreciated
12 April 2011
No, It is not valid in law. Because Quoram is not maintained during the meeting. So the meeting is not a valid meeting. Any resolution passed in this meeting will be treated as invalid.
12 April 2011
In the case referred to by you, the meeting and consequently the proceedings of the meeting are invalid.
However in emergency a single director can hold a board meeting for appointment of additional director to meet the statutory requirement viz., appointment of additional director in case of death of a director where the company has only 2 directors or to convene EGM, etc.
However in emergency a single director can hold a board meeting for appointment of additional director to meet the statutory requirement viz., appointment of additional director in case of death of a director where the company has only 2 directors or to convene EGM, etc.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Is this income indian or foreign income?
- 15ca /15cb whose income tax login? remitter or nri seller's login?
- RCM applicability on Rent Paid by Registered Person to Unregistered Landlord for Residental Building
- GST on export of services and Input Credit
- ITC temporary reversal and reclaim
- TDS U/S. 194NF
- Regarding Documentation & Compliances for Opening of Unit of Pvt Ltd.
- Inventory of finished goods
- Applicable TDS rate for sale of property in Nov 2024
- GST ON EXPORT COMMISSION
- Stock difference tax applicable on composite rate or normal rate
- LAST YEAR 2022-23 ITC IN NEXT YEAR 2023-24 REPORITNG IN GSTR-9
- MIS MATCH OF INVOICE NUMBER
- IGST Credit-Show cause notice issued-confusion
- Issue of gst e invoice
- How to adjusted advances given or receipt
- Foreign vendor without PAN unable to to register due to non receipt of OTP on foreign number ?
- 133(6) DIN INVALID format error - ->WHERE TO REPLY 133(6) notice?
- Query for dubts
- Regarding einvoice taken on nil rated sales
Trending Online Classes
CAclubindia
