If you want to follow the route of BM appointment then follow section 260 and appoint the person as additional director unless otherwise mentioned in the articles which seems to be a bit difficult.
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 05 May 2010
If you want to follow the route of BM appointment then follow section 260 and appoint the person as additional director unless otherwise mentioned in the articles which seems to be a bit difficult.
Narendra Verma
(Senior Executive)
(116 Points)
Replied 05 May 2010
thank you sir for ur early and satisfactory reply.
Ruchika Jain
(Company Secretary)
(22 Points)
Replied 19 May 2010
Dear Ankurji
As per Section 257 of the companies act, 1956, it is specificaly mentioned that this section does apply to Private Limited Company and hence how we can regularize a additional director of a Pvt. Ltd. company in a EGM but in my point of view and as per section 260 & provisions of the AOA generally have, we can regularize a additional director in a AGM only.
Reagrds
CS Ruchika Jain
Deepak Maharishi
(CS)
(514 Points)
Replied 19 May 2010
Dear Ruchika,
Section 260 says the additional directors shall hold office only upto the date of the next annual general meeting....moreover it is clarified that the additional director shall hold office only upto the date of AGM or if could not be held then upto the date the AGM should have been held.
Nowhere there is a restriction in the Companies Act to regularise the Additional Director before AGM.
In my view, he can be appointed as a director (by complying section 257) before the date of AGM.
Regards
Deepak
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