Regularisation of additional director

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

09 January 2014 In Private Company,Suppose there is a additional director which is appointed on 29th January 2013 and he our agm was mate on 21st September, 2013 .. then We need to Regularize such additional director through Member or not ?

CS Adnan Shaikh

CS Adnan Shaikh (Expert)
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09 January 2014 Yes you need to regularize. Pass resolution in AGM and file Form 32 for change in designation.

Querist : Anonymous

Querist : Anonymous (Querist)

09 January 2014 require to file form 23 ?

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CS Adnan Shaikh

CS Adnan Shaikh (Expert)
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09 January 2014 No need of 23. File only 32.

Charu Srivastava

Charu Srivastava (Expert)
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09 January 2014 In accordance with section 161 of the Companies Act 2013 Additional Director need to be regularised either in the EGM or AGM.

In light of the above, yes the Additional Director is required to be regularised as Director in AGM otherwise his directorship shall stand ceased. Thereafter, the company has to file form 32 for change in designation.no need to file form 23 in his regard.

Hope I could clear my point.

Thanks & Regards
Charu Srivastava
Company Secretary

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