Appointment of WTD in BM

This query is : Resolved

Guest

Guest (Querist)

25 February 2010 Whether a person is to be appointed first as director in Board Meeting (BM) and then subsequently he can be appointed as WTD in next BM OR a person can directly be appointed as WTD in first BM without being appointed as director earlier.

Pl expain the legal position in regard to appointment as WTD in BM.

With Regards

Neha Jain, nehajaincs@gmail.com

Ankur Garg

Ankur Garg (Expert)
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25 February 2010 First you have to appoint him as additional director as per section-260. Then pass the next resolution to appoint him as WTD.

Further if you fail to regularise him as regular director then he will automatically cease to be a WTD.

So the agenda of your BM would be:

1. Appointment of Mr. X as Additional director.

2. Appointment of Mr. X as WTD.

Regards

Rasesh

Rasesh (Expert)
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25 February 2010 Agree with expert

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Guest

Guest (Querist)

25 February 2010 Thanks ankur sir for your prompt reply.

Pl let me know whether Mr. X (who is not a director of the company) can be directly appointed as WTD in General Meeting. OR it is mandatory to first appoint him as Additional director and then as a WTD in General Meeting.

In plain words, my query is whether Mr. X, who is not director of company, can be appointed as WTD in GENERAL MEETING directly.

Regards, NEHA JAIN

Jagruti (CS)

Jagruti (CS) (Expert)
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25 February 2010 Yes, he can be appointed directly as WTD in general meeting without appointing him in Board Meeting

Ankur Garg

Ankur Garg (Expert)
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26 February 2010 Well am not very sure. As per my understanding and study WTD should be a director first before being appointed as WTD.

However fully agree regarding GM appointment. You should first appoint him as a dir u/s 257 and then promote him as a WTD by passing another resolution.

Regards