Additional Director can be Chairman of AGM in PVT Co.

This query is : Resolved

Nidhi Jain (Querist)
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25 January 2011 Can any one tell me the answer of following situation:

A pvt co. has 2 Directors one is appointed as additional Director. My Query is can an additional director can become the chairamn of that AGM in which Resolution for his regularisation has to be passed????????????

Aditya Maheshwari

Aditya Maheshwari (Expert)
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25 January 2011 Yes he can become. There is no bar on it.

Nidhi Jain

Nidhi Jain (Querist)
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25 January 2011 Thanks aditya.
can u clear me if this one is a pvt co. then result will be the same????????? or what s happen if we have to appoint a new person in place of retiring one?????????

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Aditya Maheshwari

Aditya Maheshwari (Expert)
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25 January 2011 yes it will be.

Nidhi Jain

Nidhi Jain (Querist)
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25 January 2011 Thanks for fast reply. but i think additional Director can,t become Chairman because according to sec 260 Ad. Director can hold office as director only upto next AGM. it means At the starting of AGM he will get retire. further only Chairman of Board, if any, can become the chairamn of agm or Other director or person elected by members can become chairman. if i m wrong pls suggest

Aditya Maheshwari

Aditya Maheshwari (Expert)
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25 January 2011 It is upto the date of the AGM and hence it is till the date of the AGM and he will retire if not regularised in the AGm from the date of the AGM itself.

Otherwise i have a question for you. If there are two directors in a company, two fresh directors are appointed and the old ones retire then who will be chairman of the meeting?