Can a private company appoint two whole-time directors ?

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

26 November 2012
Dear sir(s),

Can a private Company appoint two whole-time directors ?

Sir(s), a Private Company have two Directors as a non-executive (Part time Director). Now i want to change there designation. I want to appoint them as whole time Directors of the Company.
Is it possible ? pls reply on urgent basis.

Thanks & Regards,

Vicky Srivastav

Ajay Mishra

Ajay Mishra (Expert)
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26 November 2012 Hi

Yes, you are free to appoint him as whole time director.

The provisions of section 269 relating to appointment is not applicable to private limited company.

For this call a Board Meeting and file Form-25C and 32 with ROC accordingly.

CS Ankur Srivastava

CS Ankur Srivastava (Expert)
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27 November 2012 Yes, you may appoint whole time director in private company as well. However, section 269 would not apply only form 32 need to be filed with ROC.

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CS Ankur Srivastava

CS Ankur Srivastava (Expert)
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27 November 2012 Ajay ji,

As such section 269 would not apply, form 25C need not to be filed.