04 December 2012
I want to know that form-32 for appointment of director in which the date of board resolution & date of appointment is 30th June, 2012 and also in signatory details the appointment of director is showing 30th June,2012, so my question is that for preparing board minutes we will show one board meeting dated 30th the June,2012, in the list of present directors this director is included as present director or not...and also tell the same provision in case of resignation of director.
05 December 2012
my question is that if one another director is resigned in the 3oth June, 2012 meeting then he is included in present director list or not
As per your queries, appointment of director where director of the company is less than the quorum fixed by article for the meeting of the Board. In your case the, the quorum is not, because of the resignation of one director out of the two director.
In such case you must follow the provision of your company articles read with clause 75 of the Schedule I- Table A of the Companies Act, 1956.
First of all, you will mark directors present only for those directors which are existing in the company. then later on you will pass the resolution regarding appointment of director. Till the moment he is not appointed hence he will not be shown at present list
Secondly, if any existing director is resigning at the same date. then first appoint a director and then only any director can resign so that the minimum number of directors should not fall below the required limit. And this director will be shown in present list of directors.
CAclubindia
