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Additional director

Rahul Singh (cs) (308 Points)

29 April 2017

Dear Sir/Mam, In AGM one of our additional director appointment is not approved by SHAREHOLDER, so what is the next step to remove name of this additional director from MCA signatory detail. Anticipating the favorable response.

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6 Replies

ankita gandhi (student) (5908 Points)
Replied 29 April 2017

Additional director holds office till AGM only.

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Sudhir Todkar (CS Professional) (1021 Points)
Replied 30 April 2017

First a fall Additional Director is appointed by Board if it's confered by articles otherwise by passing Ordinary resolution in GM.

Additional Director cannot reappointed after his expriy on term that is on Next AGM irrespective of whether held or not.. he can be reappointed before next AGM as regular Director but not after expiry of his tenure.

Additional Director should file DIR 11 and sent it to ROC and to Company (CS or Chairman) with reason if he vacate office before his expiry of tenure to hold office.

Sudhir Todkar (CS Professional) (1021 Points)
Replied 30 April 2017

He will not be appointed as Director in that company in future since the shareholders has not approved him to hold office..

Jatin Bajaj (CS) (2930 Points)
Replied 01 May 2017

As per section 161(1) of the Companies Act 2013, Additional Director appointed by the Board shall hold the office till upcoming AGM and may be regularised at that AGM only by passing ordinary resolution under the head special business. if AGM could not be held du to any reason , then such Additioanl Director shall vaccat the office on the last date on which AGM should have been held. If such additional director is not regularized at the AGM , then Such Additional Director shall File Form No DIR 11 with ROC within 30 days of resignation and the Company shall file Form No DIR 12 within 30 days from the date letter received by the Company or from the date of resignation mentioned in letter whichever is later.

Attachments:

Acknowledgment of Resignation

Proof of Dispatch of Resignation if by speed post

Resignation Letter by Director

Certified copy of Board Resolution for Resignation of Director