14 April 2011
A Pvt. Ltd. Co. has two Director from incorporation in 2002.
The Company has appointed other Two Directors in December, 2010 as Additional Directors.
Now, both the Original directors (Directors since incorporation) has resigned from their directorship in March, 2011. And Company wants to appoint an additional director in March, 2011. The Position as on today will be that all three directors are Additional Directors. All additional directors will regularis in next AGM. Can it is possible? if not, What is the solution?
14 April 2011
In my opinion..... in case of an Independent Private Company, a person can be inducted as Director on the BOD and no need to appoint him as an Additional Director if the AOA authorise the same.
But since you have appointed all the 3 Directors as Additional Directors to hold the office till the ensuing AGM, they have to be regularised by means of an Ordinary Resolution at the AGM.
CAclubindia
