12 February 2011
Dear Sir, Is it possible the Date of Appointment of Director & Consent Letter may be different date?
i.e. Mr.Gopal has given the consent to act as Director of M/s Manthra Pvt Ltd on 15th Dec.2010.But that company hold a Board Meeting on 28th Dec.2010 & appoint him on 28th Dec.2010 only.Is it valid? If yes What is the time period to appoint anybody as director from the date of receipt of consent Letter?
Yes..the consent letter of person proposed to be appointed as Director of the Company can very well be of a date earlier than the date of appointment.
As per section 264 of the Companies Act, 1956 every person other than a person who has left a notice under section 257 proposing his candidature as Director of the Company or a Director retiring by rotation has to file his consent to act as Director with the Company, if appointed.
If the person has filed his consent to act as such before his appointment, there should not be any issue as such in my opinion.
The consent letter of the Director is a mandatory attachment to Form 32 to be filed within 30 days from the date of appointment by the Company to the ROC along with the prescribed filing fees.
The provision of section 264 are not applicable to an Independent Private Company, hence no need to obtain any such consent letter from the Director and file the same as an attachment to Form 32.
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