appointment of director
This query is : Resolved
02 May 2009
Can a director be appointed directly as a Director without being appointed as an Additional Director in a private Company if yes please do provide under which section
02 May 2009
A person can be appointed as a director directly at the agm of the company. While sending the notice of agm the subject has to be brought in.
Refer Section 257 of the companies act - Right of persons other than retiring directors to stand for diretorship.
Refer Section 257 of the companies act - Right of persons other than retiring directors to stand for diretorship.
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02 May 2009
thanks but we have issue that we have already filed form 32 as director for the appointment with board resolution now what is the remedy
02 May 2009
At the next agm the person will automatically resign and he shall be reappointed as a director in that agm.
While passing the resoultion what you have passed - ie as director or additional director and in form 32 what you have ticked - ie director or additonal director.
If you have ticked as director now file the addendum to the filed form 32 stating it as additional director.
This will solve your problem.
While passing the resoultion what you have passed - ie as director or additional director and in form 32 what you have ticked - ie director or additonal director.
If you have ticked as director now file the addendum to the filed form 32 stating it as additional director.
This will solve your problem.
02 May 2009
To a certain extent i disagree with the Ist answer.
A person can be appointed as a director directly at the General Meeting. It may be AGM or EGM of the company as Section-257 talks about General Meeting.
Next time avoid any kind of attachment in form-32 as nothing is required to attach.
Regards
A person can be appointed as a director directly at the General Meeting. It may be AGM or EGM of the company as Section-257 talks about General Meeting.
Next time avoid any kind of attachment in form-32 as nothing is required to attach.
Regards
02 May 2009
For conducting the egm the company has to spend money whereas agm is one which is being conducted regularly.
We have to see both the ends. One law and the costs to the company also.
Therefore i have suggested AGM.
We have to see both the ends. One law and the costs to the company also.
Therefore i have suggested AGM.
10 May 2009
Agree with you sir.
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