Dear All,
I have certain peculiar/interesting queries with respect toPrivate Limtied Co
1) Articles provide that directors can be appointed by the parent company. In addition to this clause the articles also provides that Board can appoint alternate, Additional and Directors in casual vacancy.
Assume the articles read as follows-
X) i) The First Directors of the Company are.............
ii) Any other directors can be appointed by Parent company, on such terms and conditions and such period
Y) Power to the board to appoint Alternate, Additional and casual vacancy
Query: If any director is nominated by Parent Company under X(ii) and the appointment is noted by Board, does he still needs to be reconfirmed/appointed in the next AGM. Can the powers be given to shareholders for such appointemnts and still not routed through AGM. On reading 255(2) i guess he needs to be reappointed.
2) Validity of the directors disclosure taken in January every year under section 299. Is the Company voilating the provisions
3)Can the manager be appointed only for Digital signatures and his name reflected in MCA Website?
4) Is the Company not complying with the provisions of Act, if the shift of reg office is intimated but the ROC does not change its record
5) Procedure to remove the name of manager from the portal, for which DIN3 is filed but no Form 32 is filed
Please reply.
CAclubindia
