Additional director

This query is : Resolved

ARTHI (Querist)
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26 December 2015 Dear Friends / Experts,

Query

Can someone please clarify on the following issue?

A Small Company appointed Additional Director on 31/07/15. Company has belatedly held AGM on 30/11/15. (Note: I am able to understand, it is a violation, as Company did not get permission of RoC for holding AGM after the due date).

What is the position of Additional Director i.e. whether he was automatically vacated on 30/09/15?

Your reply, please..............

Whether Company can regularize him as Director in the belated AGM held on 30/11/15.

Your reply, please..............

Thanks in advance for possible replies from all concerned.

CA. Divyansh Agarwal

CA. Divyansh Agarwal (Expert)
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26 December 2015 The additional director is deemed to vacated his office as on due date of holding of AGM,hence now company would have to call egm to appoint regular director.

Guest

Guest (Expert)

26 December 2015 I am sorry i have posted wrong content. I could not delete it. So i modified the post

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Pratik Shah

Pratik Shah (Expert)
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27 December 2015 I agree with Divyansh bhai's answer. To add to his answer, the company is also liable to file form dir-12 for his vacation within 30 days of his due date.

Further, the company can appoint him as Director (fresh appointment) in AGM dated 30.11.15. (No need to have separate EGM) You again need to file dir-12 for this appointment.