12 January 2011
addittional director can be regular director . for change the same what is the procedure and what documents are required to be filewith roc
12 January 2011
Assitional director hold office from the date of the appointment to the date of AGM. In AGM, he is appointed as a regular director. A company has to file Form no 32 again within 30 days from the date of AGM
Pursuant to the provisions of section 260 of the Companies Act, 1956,the BOD of the Company if authorised by the AOA of the Company may appoint an Additional Director who shall hold the office till the date of next AGM of the Company.
First check, whether AOA of ur Company authorise the BOD to appoint Additional Director on the BOD of the Company. If not, alter the AOA of the Company in accordance with the provisions of section 31 of the Companies Act, 1956.
Form 32 to be filed within 30 days from the date of the BM in which a person is appointed as Additional Director along with his consent to act as the Director of the Company.
At the AGM of the Company, obtain the consent of the members by way of an Ordinary Resolution to regualrize the Additional Director so appointed.
File Form 32 within 30 days from the date of AGM for change in designation of Additional Director. As per the provisions of section 264 of the Companies Act, 1956 an Additional Director re-appointed as such or appointed as Director of the Company immediately on the expiry of his term of office is not required to file his consent again.
Provisions of section 264 of the Companies Act, 1956 are not applicable to an Independent Private Company.
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