Dear All,
Can anybody through a light on, whether a CS of a Pvt Ltd. Co. be appointed by passing a resolution u/s 289 of the Co. Act, 1956.
Kindly note that all the Directors are foreign nationals.
Regards,
Sheetal
Sheetal (CS) (41 Points)
24 March 2010Dear All,
Can anybody through a light on, whether a CS of a Pvt Ltd. Co. be appointed by passing a resolution u/s 289 of the Co. Act, 1956.
Kindly note that all the Directors are foreign nationals.
Regards,
Sheetal
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 24 March 2010
Yes it is very much possible u/s 289.
Kindly visit the link:
PASSING OF RESOLUTION BY CIRCULATION U/S 289 OF THE CO. ACT, 1956
CS Snehal
(Compliance Manager)
(346 Points)
Replied 24 March 2010
No restriction to appoint CS u/s 289.
Sheetal
(CS)
(41 Points)
Replied 24 March 2010
Ankur, is not mandatory, to have the quorum or atleast 2 directors in India, while the resolution is passed. Regards, Sheetal
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 24 March 2010
Ya Sheetal very true and required.
Possible u/s 289 means word to word compliance of section 289 is mandatory regarding quorum and dispatch of draft resolution. Further it has to be approved by such of the directors as are then in India, or by a majority of such of them, as are entitled to vote on the resolution.
Best Regards
Sheetal
(CS)
(41 Points)
Replied 25 March 2010
Thats what I want a clarification, if none of the Directors are in India, as I have already mentioned that all the directors of the Co. are Foreign Nationals and very rarely visit India.
In such case, with what option I am left with.
Plz. revert.
Regards,
Sheetal
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 25 March 2010
Forget section 289. Simply hold a board meeting in the foreign country as BM can be held anywhere in the world. What Say??? Send your contrary views.
Sheetal
(CS)
(41 Points)
Replied 25 March 2010
I guess dat is the only option left, but already a meeting has been held on March 2, 2010, & the CS appointment is effective March 15, 2010
CS Jithesh (ACS,)
(COMPANY SECRETARY )
(485 Points)
Replied 09 April 2010
Its not an issue you can mention in the resolution of appointment of CS that teh appointment shall take effect w.e.f 15th March 2010 and you can finailise the terms and conditions also in the meeting,
Kindly rectify if I am wrong
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