In a private ltd company minimum no of directors required is two. Whether one of the two directors can be an additional director.
Expert please suggest.
CA Suraj Prasad Shaw (Chartered Accountant) (504 Points)
03 September 2012In a private ltd company minimum no of directors required is two. Whether one of the two directors can be an additional director.
Expert please suggest.
Tanveer Md Masood
(Indispensable)
(361 Points)
Replied 03 September 2012
DEAR EXPERTS..
WHILE APPOINTING ADDITIONAL DIRECTOR , COMPANY SHOULD ENSURE THAT THE MAXIMUM THRESHOLD IS NOT BREACHED. A PERSON CANNOT BECOME A DIRECTOR OF MORE THAN 15 COMPANIES , IF HE BECOMES ADDITIONAL DIRECTOR IN THE 16TH COMPANY THEN HE HAS TO VACATE FROM ANY ONE OF THE 15 COMPANIES .
REGARDS
TANVEER
Aditya Soni
(CS Final Student Trainee)
(727 Points)
Replied 03 September 2012
Dear Suraj,
As told by Neha, there can be an additional Director in that condition.
Regards,
Aditya
Alok Srivastava
(Consultant)
(210 Points)
Replied 04 September 2012
Hi ,
An individual may be appointed as an additional director pursuant to provisions of Section 260 of the Companies Act, 1956 (the Act) by the Board of Directors (not in EGM) provided AOA of the Company permits for the same.
So, It is only possible if, One of the wholetime Director resigned after appointment of additional Director because Two directors must be present in board meeting (assuming two directors at the time of incorporation).
And ,YES anyone or both of them can be additional Director.
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