20 January 2011
A person is appointed as alternate director in a board meeting, then the same person is proposed to be appointed as regular director in the next board meeting. Does the company required to obtain resignatin from the director as alternate director and file form 32 of resignation or the company can appoint him regular director without obtaining resignation as alternate director, if later is the case then whether the company is again required to file form 32 of appointment as regular director (as form 32 earlier has also been filed of being appointed as alternate director in the company). The company here is private limited comapny.
20 January 2011
Regularisation of additional director can be done via passing resolution in a general meeting and not board meeting and after that form 32 needs to be filed for change in designation only.
An Alternate Director proposed to be appointed as Regular Director will first have to vacate his office as Alternate Director. On cessation of office as Alternate Director, Form 32 has to be filed within 30 days from the date of cessation.
At the Board Meeting, if Authorised by the AOA of the Company, he can be appointed as Additional Director to hold the office as such till the next AGM of the Company. Form 32 to be filed within 30 days from the date of appointment.
At the AGM of the Company, he can be regularised by means of an Ordinary Resolution and Form 32 to be filed within 30 days from the date of AGM.
20 January 2011
I would like to differ here, you will first have to file Form 32 for cessation of office as Alternate Director and then when he is appointed as a Regular Director at the BM, Form 32 has to be filed for appointment within 30 days. Form 32 for change in designation of Alternate Director will not help.
20 January 2011
I did not read alternate director in the begining and hence had replied according to that the director is an additional director. So my answer there is wrong to that extent.
CAclubindia
