Additional director

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9537634060 (Querist)
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09 February 2016 Dear Expert,

One company had appointed an additional Director in 10/01/2013. But then after not file the form for Resignation till date.
(Signatory on MCA shows him as an Additional Director)

Now company want to Appoint him as an additional Director again in the same company in the year 2016.

So can you please provide me Whole procedure of Appointment of Additional Director for the year 2016.

Shall we required to file Form 32 for Resignation for the year 2013 or not ?

Please help as soon as possible.

Ganeshbabu K

Ganeshbabu K (Expert)
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09 February 2016 1)Yes you need to submit DIR-12 for vacation of office for that additional director effective from date of agm of 2013 or due date of agm 2013 which ever is earlier.If he is not regularised in ensuing AGM vacation of office is automatic,(read with Sec.260 Co.act 1956)

2)You cannot re-appoint him as additional director again by virtue of Sec.161(1) of Co.act 2013,as it says "" A person who fails to get appointed as a director in a general meeting cannot be appointed as Additional Director""

As per Sec.167 of companies act 2013, A director who acts after vacating office is punishable with imprisonment for term which may extend to one year or with fine which shall not be less than Rs.100000 but which may extend to Rs.500000.