Is promoter can be appoint in back date

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

08 December 2010 Hi all,

I just want to ask, can promoter or director of the pvt ltd company is appont in back date if 1 director had alredy resign and 2 nd director accept his resgination.Coz i know rule of pvt ltd comapny have 2 director but in case now only have one director,Please give me solution

Jayashree S Iyer

Jayashree S Iyer (Expert)
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08 December 2010 Hi,

Promotor is a person who promote the company hence there is no question of appointing him back date. By virtue of promoting the company, he becomes a promotor.

As far as appointment of director in place of the resigned one, you can appoint another director in the same meeting in which the resignation is being accepted.

First pass the resolution inducting another person in the Board and then accept the resignation of the existing director.

As far as filing of Form 32, first file appointment of director. Once the same is approved, file form 32 for resignation.

Ajay Mishra

Ajay Mishra (Expert)
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08 December 2010 Agreed with Jayashree...............

In Case the director of the company is less than two or the no. of director fix for the quorum, then the remaining director (continuing director or directors) may act for the purpose of increasing the no. of directors to that fixed for the quorum or summoning a general meeting of the company, but no for other purpose.

Please read Regulation 75 of Table A of Schedule I of the Companies Act, 1956.

Regards

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Querist : Anonymous

Querist : Anonymous (Querist)

08 December 2010 i had started pvt ltd comapny with some one,am just the director of that firm or u can say promoter,because actually he is doing work with my borther,we are only two director then he decide he will be MD of the company then i said i have no issue even my brother also have no issue,but after a 4 month he started politics between me n my brother for thats the reason my brother and me decide that will not able to work with him then i told them and he accepted that he says it ok,then he had taken my resignation on letter and give his acceptance on it and also he had taken my sign on share tranfer form.He had given me some amount of chq. from another person a/c which he had told that he is new director that amount is of my capital contribution amount that is ok,because i just want to stop work with him then i had not done any negotiation with him.I had already givev him two times resignation but date of resignation is same that is 22april,now he wants i will give him resignation in current date,Now please help me what i have to do or not because i don't know in this time period what he actually done in comapny or in the name of company

Querist : Anonymous

Querist : Anonymous (Querist)

Jayashree S Iyer

Jayashree S Iyer (Expert)
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09 December 2010 There is no need to give a fresh resignation. Your resignation generally would be effective from the date of your letter.

However in your company since only 2 directors are available, including you, a new director has to be inducted before relieving you. However it does not mean draging on appointment of new director unreasonably.

Whatever be the acceptance date, you don't get a new resignation as otherwise you would be liable for the interveneing period.